Who Might Be Liable for My Car Accident Injuries?
Because Florida is a no-fault state, it isn’t always necessary to prove that another party was liable for a car accident in order to recover damages. Under this system, injured drivers usually seek compensation from their own auto personal injury protection coverage, unless their case meets the “serious injury threshold.”
You may be able to bring a claim against the liable party or their insurance company if the accident results in:
Significant and permanent scarring or disfigurement; Significant and permanent loss of a critical bodily function; Permanent injury within a reasonable degree of medical probability; or Death.
One of the first steps to recovering damages is to determine whom to name in your claim. It’s not uncommon for multiple parties to share fault for a single accident.
Depending on the circumstances, you may have grounds for a claim against:
1. Other Motorists Who Were Involved
Human error is at least partially responsible for 9 out of 10 car accidents. As such, there’s a good chance that one of the motorists involved in the collision is to blame for your injuries.
2. The Municipality
Government entities that design and maintain roads have a duty to exercise reasonable care when doing so. If you were hurt because the municipality breached this duty of care, you can seek compensation from the appropriate agency. It’s important to keep in mind, however, that the statutes, case law, and procedures pertaining to claims against government entities are not the same as those pertaining to claims against private citizens.
For example, there’s a considerably shorter deadline for filing the lawsuit. Instead of the standard four-year time limit, those who want to bring a lawsuit against the government must submit notice of their claim, allow for a 180-day investigation, and then proceed to trial within just three years (or two years if your case involves wrongful death).
3. An Automobile or Parts Manufacturer
If some kind of defect or malfunctioning component contributed to the wreck, you may be able to file a product liability claim against the designer, manufacturer, or another party that played a role in the development or distribution of the part. It may also be possible to bring a claim against the mechanic who worked on the vehicle.
What If I Contributed to the Accident?
Even if you contributed to the car accident, you may still be entitled to compensation for at least some of the damages you incurred. Because Florida has a pure comparative fault rule, though, the final payout will be reduced by your own percentage of liability. A seasoned attorney can take the necessary steps to minimize the percentage of fault imposed on you.
Call 772-266-5555 for a Free Consultation with a Stuart Accident Lawyer
If you were hurt in a car accident through no fault of your own, contact Donaldson & Weston to determine who might be liable for your injuries. Our personal injury attorneys have recovered several multimillion-dollar settlements and verdicts on behalf of our clients. Call 772-266-5555 or fill out our Contact Form to schedule a free case evaluation with a car accident lawyer in Stuart.