Kemp Law accident lawyer
ASSAULT AND BATTERY   |  July 16, 2021
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If you have been in a car accident, it is important to know your legal rights.

In Florida, every driver has the responsibility of maintaining control of their vehicle at all times. If they fail to do so and cause an accident, then they are liable for any damages that occur as a result. The only exception would be if there were no way the driver could have avoided crashing into another vehicle or object due to reasons such as oncoming traffic or objects blocking the roadway. In these circumstances, drivers can avoid liability by proving that they were not negligent and did everything possible within the law to avoid crashing into one another.

It can be difficult to assess who is at fault in a car accident. The police are often engaged to investigate these cases, but they rarely assign blame. This makes it important for victims to hire legal representation when filing insurance claims.

What is the legal responsibility of drivers in a car accident?

Drivers have a legal responsibility to obey laws, maintain control of their vehicle and be as safe as possible during all driving conditions. If a driver causes an accident while breaking the law or otherwise acting negligently, they are liable for any damages that occur. Liability also depends on whether another driver was given adequate warning about your presence before you crashed. Drivers should always use their turn signals and make sure that other motorists can see them, especially in poor weather conditions. If you cannot avoid crashing into another vehicle while obeying all traffic laws, then the law will neutralize liability.

Multiple drivers involved:

If more than two-party is involved in a car accident, it may not be possible to determine who is liable. In these cases, all drivers are held equally responsible for contributing to the crash. This can make it difficult to prove who was at fault, which will increase the complexity of insurance claims. If you have been in a car accident and believe that another driver caused it, contact an attorney as soon as possible before filing a formal claim. A legal representative can help you determine if your injuries and damages meet the necessary criteria for a successful claim.

Who has legal responsibility when multiple drivers cause crashes?

This is what many people want to know. As soon as they hear multiple people were involved in an accident, and it wasn’t a single-car accident, they immediately assume that the police will charge all of them with moving violations if everyone was at fault. The reality is that most authorities don’t use this approach to accidents. Instead, they often seem to have a bias towards holding one person responsible for the accident.

The logic behind this is that this driver was negligent, so they should be held accountable for their actions–the other drivers may have contributed to the crash as well. Still, it doesn’t matter because there will only be civil proceedings.  This means it doesn’t matter if several other drivers were at fault–the driver is the one who will be held liable.

The same thing goes for when a pedestrian or bicyclist is hit by multiple cars–each driver can potentially be charged with a time-share fault. Still, only the vehicle closest to the victim will end up being held liable (unless they are completely clear of blame).

Why do authorities tend to favor the single-driver approach?  Because it is much simpler for them. They have to go through many steps to figure out how to apportion liability between several drivers–they need evidence and need witnesses. What they rarely have is a video record of what happened from multiple cameras on the crash site.  This is why when a driver lies about their involvement in an accident; it can be tough to catch them; there were likely no witnesses on the scene as well as no video cameras capturing the incident.

The other thing authorities look at is if all of the drivers, or at least their insurance companies, can be held responsible for paying compensation for injury or damages. If there are several vehicles, they need to know who will pay; if it’s just one car and the driver doesn’t have a lot of money, it’s hard to justify making the victim wait a long time just to get compensated. They should punish and prosecute one driver rather than try to figure out who should pay compensation.

How can you know who is at fault in a car accident?

It’s an experience that could lead to a lot of pain, anxiety, and stress in your life. What if the other driver was at fault? Who pays for damages? What if I am at fault? How much will it cost me? These are all questions you may have after getting into an accident. It’s important to know what steps need to be taken after this event occurs so we can help answer some of these questions and make the process easier for everyone involved. Our Tampa car accident lawyer can provide further information on how to go about filing a claim with the insurance company as well as any legal action that needs to take place. For more information on how we can help you, give our office a call today.

The first thing you should do is to gather the information about the accident and what happened. Write down all of the details including what time it occurred or if there were any witnesses who could provide additional information. You will want to contact your insurance company as soon as possible after the accident and file a claim. Always be sure to have all of the information in front of you that will help prove who is at fault for causing the accident to happen. If you are worried about talking with your insurance company, feel free to ask our Tampa car accident lawyer if anything should be left out or any vital information we might need.

Getting into a car accident can change your life quickly. If you have sustained any injuries, make sure to see a doctor right away and ask for documentation on your injuries that are related to the accident. You will want to file an official police report after the accident as well.

While you may be nervous about dealing with all of these things as well as what will happen after the accident, know that you don’t have to go through it alone. Our Tampa car accident lawyer is here to help with your questions and concerns throughout the process. We will fight to get you the answers you and your family need.

Our goal is to help all of our clients in getting them what they deserve for their pain and suffering caused by the negligent acts of another driver. This type of case can be overwhelming, but with our Tampa car accident lawyer on your side, we can make this process a little less stressful. We can help you get the compensation you deserve, and we will see that you get it done as soon as possible.

What happens when the drivers are not insured or cannot be found?

When the at-fault party has no insurance or cannot be found, attorneys for injured victims must rely on a source of compensation other than their own personal injury protection coverage. This will require an investigation by the victim’s lawyer as well as the insurance company to find and locate any available assets belonging to the at-fault driver. If you are not insured and the other driver is not insured either, there may be a claim of uninsured motorist coverage with your motor vehicle insurance carrier to help you pay for medical expenses.

The only way qualified personal injury lawyers can help drivers injured by uninsured motorists get compensation is if someone covered by an auto insurance policy was found to have caused the crash—even if that person had no insurance at the time of the crash.

In some cases, uninsured drivers may also have assets to be seized by a court in order to compensate victims for damages suffered. When collectible assets are found, they must be distributed among all claimants on a pro-rata basis according to each claimant’s percentage of fault in the accident.

The above content is about a Tampa car accident lawyer and provides information on the different types of accidents that can happen in Florida. Accidents are common, but it’s important to know your rights when you’re involved in one. You can contact a Tampa car accident lawyer to find out more information.

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