Your collision with another standard motor vehicle driver on a Florida road may have happened in slow motion in your head. With this perspective engraved in your memory, you may not have a shadow of doubt that the other driver’s negligence caused your car accident event to transpire. However, your word may only carry so much weight in a civil court of law. That is, you must back up your statements with sufficient proof. So, before you enter your upcoming personal injury claim proceedings, please follow along to find out how to prove the defendant’s majority of fault in your car accident and how a proficient Panama City car accident attorney at Manuel & Thompson, PA can help prepare an effective argument.

What is Florida’s modified comparative negligence statute?

When assuming the role of plaintiff in a personal injury claim, you must wrap your head around the state of Florida’s modified comparative negligence statute. This statute, which is also upheld in 32 other states, maintains that a plaintiff may only recover damages if they are found to be 50 percent or less at fault for the accident event itself and their subsequent injuries. From here, the percentage of damages they may recover, if any, is reduced based on the percentage of fault assigned to them.

For example, say that the Florida civil court makes the final judgment that you were 40 percent responsible for the matter at hand. Well, in this case, you may rest assured knowing that they may still award you with recovery. However, because you are 40 percent to blame, they may only order the defendant to pay 60 percent of your claimed damages.

How do I prove the defendant’s majority of fault in my car accident?

Now that you understand Florida’s modified comparative negligence statute, you may get the significance of proving the defendant’s majority of fault in your car accident event. Ultimately, it is likely that the more evidence you can collect against them, the higher the percentage of damages you can recover. Without further ado, since it is rather unlikely that the defendant will admit their hand in the accident, you must prove it through the following pieces of proof:

  • A copy of the accident report written up by the law enforcement officer who responded to the scene.
  • Photos of your bodily injuries and car and property damages, with the backdrop of your accident scene.
  • Dashcam footage of the accident event playing out, or videos captured by witnesses or nearby surveillance cameras.
  • Copies of the medical records and bills from your ambulance ride and emergency room visit that same day.
  • Testimony from your treating healthcare professional on the severity and consequences of your incurred injuries.
  • Testimony from a medical expert of the economic and non-economic damages following your incurred injuries.
  • Personal journal notes on how your quality of life has shifted since your accident event and incurred injuries.

We hope that this blog offers the insight you were searching for. For more information, we encourage you to contact a talented Panama City auto accident attorney from Manuel & Thompson, PA today.