Questions about Auto Accidents

    ORLANDO, FL, March 28, 2010 /24-7PressRelease/ -- What should I do if I think I was at fault or partly to blame for my auto accident?

Never admit fault at the scene of an accident or at any other time until you have spoken with an experienced auto accident attorney. Auto accidents are confusing and upsetting. If you say you were at fault, it can be held against you later.

There may be factors involved in the cause of your accident that you are not aware of. For instance, in a rear-end collision you may feel that you did not react and stop quickly enough, but the real problem may have been defective brakes.

Unfortunately, you cannot rely on police or insurance adjusters to conduct a thorough and in-depth investigation into the true cause of the accident. An experienced auto accident attorney can do this for you, to help determine who the responsible parties really are. In some cases, there are responsible parties other than the drivers involved, such as auto makers or those responsible for maintaining traffic signals.

What if it turns out that I really am partly at fault for my auto accident?
This varies from state to state. In Florida, something called "pure comparative negligence" is used to determine the amount of damages you can be awarded when you share in the responsibility for your injuries. You can still collect damages, but they will be reduced by a percentage equal to your share of the blame. If it is determined that you were 20% responsible for the accident, the damages you are awarded will be reduced by 20%.

What if I was not wearing my seat belt during the accident?
You may have heard rumors that if you were not wearing your seat belt during an accident you do not have an insurance claim or a case against the other driver. This is not true. However, in states that allow the "seat belt defense" failure to wear your seat belt can reduce the compensation you receive.

Whether or not you were wearing your seat belt is irrelevant when it comes to proving fault for the accident. States which do not allow the seat belt defense presume that it is not the responsibility of the victim to anticipate the negligence of the responsible party and take special measure to minimize potential injuries in case an accident should occur.

The state of Florida has very strict seat belt laws and does allow the seat belt defense under its comparative negligence system, based on the theory that wearing a seat belt minimizes the risk of injury. If the defendant can prove that you were not wearing your seat belt, and that had you been wearing your seat belt your injuries would have been less severe, the damages you are awarded may be reduced.

If you still have questions about auto accidents, please visit the website of Florida car accident lawyers David Best, P.A. and Dutch Anderson, P.A. to learn more today.

Website: http://www.bestandanderson.com

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