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Proving Fault in a Car Accident Can Require Significant Resources


In the overwhelming majority of Florida car accidents in which the Personal Injury Protection (PIP) coverage threshold is crossed and a lawsuit can be filed, the at-fault party simply concedes liability and comes to a settlement agreement with the victim. In some cases, however, you may find yourself dealing with an insurance company or driver who simply refuses to admit fault for an accident. When this occurs, it may be necessary to gather and present evidence indicating that the other driver was at fault for the wreck, either to the insurance company or to a court,1 if the case goes to trial.

Gathering Evidence Takes Time and Money

If you find yourself in a situation in which you need to prove negligence on the part of another driver, understand that doing so will likely require a significant investment of resources. Examples of evidence that may be used to establish fault in a car accident case include the following:

  • Video surveillance footage of the accident
  • Cell phone records
  • Vehicle maintenance records
  • Eyewitness accounts of the accident
  • Medical records

Gathering and analyzing this type of evidence can take a significant amount of time, and efforts to do so can often be met with reluctance, particularly if a party is aware that the evidence sought is likely to show that they were at fault. Fortunately, when you retain an Ocala car accident attorney to represent you, he or she will handle this type of investigation and can use a legal process known as discovery2 to compel parties to submit evidence relevant to your case.

In some car accident cases, the costs associated with an investigation can be extremely high. For example, if you need to employ the use of a car accident reconstruction expert, either to consult with you regarding the case or act as an expert witness at trial, the associated fees can rise well into the thousands or even tens of thousands of dollars. Your attorney will pay the up-front costs associated with your case and will only charge you legal fees if you recover compensation at the conclusion of your case.

Call an Ocala Car Accident Attorney Today to Schedule a Free Consultation

If you have been involved in a car accident in which the other driver is contesting fault, you should retain an attorney immediately. To learn more about how we can help you, call Meldon Law today at 800-373-8000 or send us an email through our online contact form.

Meldon Law
808 East Fort King Street Suite A
Ocala, FL 34471
(352) 414-2711

  1. Florida Courts
  2. LII: Discovery
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