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Winters & Yonker Personal Injury Lawyers 601 W Swann Ave Tampa, FL 33606 personal injury and car accident lawyer in Tampa

Who Is at Fault for My Tampa Car Accident?

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Who Is at Fault for My Tampa Car Accident?

Most people don’t think too much about getting into a car accident, let alone about how they’d pay their medical costs if they get injured. Our Tampa car accident attorneys believe it’s wise to plan for even the worst-case scenarios. 

Understanding Florida law on car accident liability or fault is important. It can mean the difference between being fully compensated for your injuries and being left holding the financial bag. Our Tampa auto accident attorneys are here to help you understand why determining fault matters. 

If you’ve been hurt in a Tampa, FL, car accident and you have questions about your rights under the law and under your car insurance policy, call Winters & Yonker Personal Injury Lawyers. You can contact us online or call (813) 223-6200, and we’ll schedule a free consultation and take the time you need to answer your questions. You can visit our FAQ page for further information.

Why Winters & Yonker Personal Injury Lawyers Is a Strong Advocate for Tampa Car Accident Victims 

Why Winters & Yonker Personal Injury Lawyers Is a Strong Advocate for Tampa Car Accident Victims 

In the immediate aftermath of a car accident, your first concern is getting medical treatment for your injuries. Eventually, though, the financial impact of the accident will start to sink in. 

If you weren’t at fault for the car accident, our Tampa personal injury lawyers don’t believe you should have to shoulder any of your financial losses. But getting the compensation you deserve requires aggressive attorneys like ours at Winters & Yonker Personal Injury Lawyers. 

With more than 119 years of combined experience, our team of Tampa car accident attorneys has secured millions of dollars in financial relief for car accident victims. A significant portion of our law practice involves car accidents, including:

Having an attorney who understands how car accidents happen and establishing fault is critical to receiving fair compensation for your injuries. Paying out insurance claims isn’t profitable for insurance companies, so they’ll do everything they can to assign fault to you.

We’ll protect you against bad faith tactics insurance companies use to deny claims, and we’ll give you the bargaining power you need to maximize your compensation. Call us today in Tampa, Florida, to schedule your free and confidential consultation.  

If Florida Is a “No-Fault” State, Why Does Establishing Fault Matter?

Florida is a no-fault state, so you must first file a claim for compensation under your own personal injury protection (PIP) policy, regardless of who was at fault. However, your PIP coverage only covers 80% of your medical expenses related to the car accident, and only 60% of your lost income.   

If your total damages exceed your insurance coverage, you may be able to pursue the at-fault party to recover your additional economic losses. You may also be able to pursue non-economic damages from the at-fault driver. However, in order to do so, you must prove their negligence caused your injuries, and your injuries must meet the “serious injury” threshold.

Serious injuries include those that cause:

  • Significant and permanent loss of an important bodily function
  • Permanent injury
  • Significant and permanent scarring
  • Death

This is why establishing another person’s liability is very important. The at-fault party’s insurance company may argue that your injuries are not serious. Winters & Yonker Personal Injury Lawyers will work hard to recover every dollar to which you’re entitled.

How Is Liability for a Tampa, Florida Car Accident Determined?

In Florida, before you can hold someone responsible for injuries you sustain in a car accident, you must establish their liability. The notion of liability is at the root of the law on negligence, and it requires you to prove several things.

First, you must show that the other driver owed you a duty of care. In the context of car accidents, drivers have a duty to operate their vehicles in a manner that doesn’t unreasonably place others at risk of harm.

Once you establish that, you must prove the other driver breached their duty by engaging in conduct that a reasonable person would not have. For example, a person who is texting while driving is not something a reasonable person would do. 

Then you must prove the unreasonable conduct was the actual and proximate cause of your injuries. Causation can be complicated, as you must establish both factual and proximate causes.

Finally, you must prove you suffered damages as a result. This may consist of economic damages, such as your medical bills or loss of income. It might also include non-economic damages like your pain and suffering or mental anguish.

The experienced personal injury attorneys at Winters & Yonker Personal Injury Lawyers know how to prepare a strong case to establish liability. Give us a call to get your own free case assessment.   

Speak to an Experienced Tampa Car Accident Attorney About Your Right to Compensation  

Getting fully and fairly compensated for your Tampa, FL, car accident injuries requires an understanding of your rights under your car insurance policy and negligence law. Your physical well-being and financial health depend on it. 

Recovering from your serious injuries is a full-time job. Hand over the task of getting the financial recovery you deserve to us. We’ll take on the at-fault parties and insurance company to make sure you’re being treated fairly. 

The road to financial recovery begins with a phone call to Winters & Yonker Personal Injury Lawyers. Our Tampa car accident lawyers will provide you with a free case assessment, explain the insurance claim process to you, answer your questions, and get down to work. 

We handle all types of car accidents, including:

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