Figuring out which driver is at fault in any accident can be a highly fact intensive decision that may not be obvious. It is important to contact your insurance company right after the accident, and then talk with an attorney later to protect your rights.
Local news reported on a bus accident in the Orlando, Florida area that sent one person to the hospital.
Bus is involved in an afternoon crash on U.S. highway 1
The crash happened at the intersection of Lowndes Ave and part of U.S. 1 that goes through Ormond Beach in Volusia County. A school bus that was carrying over 20 children that Tuesday afternoon was involved, but none of the children or the driver appeared to be injured. The bus driver was turning towards the median on U.S. 1 when a blue Hyundai sedan going northbound struck the bus.
Law enforcement confirmed that there was damage to the Hyundai, and one of the people from that car needed to be hospitalized. Their injuries did not appear to be life threatening. Police said that they would issue more updates to the media as they received additional information. They also did not give any conclusions regarding who would be considered at fault for the accident.
Ormond Beach is northeast of the city of Orlando in central Florida.
Determining fault in an automobile collision
There are a number of factors that may be considered when trying to figure out who is at fault for any collision. Keep in mind that fault for insurance purposes may be different from who is at fault as a legal conclusion in a negligence case.
The most important piece of evidence for finding fault will be the accident report generated by law enforcement. This paperwork contains basic facts about how the accident happened and an opinion from a traffic expert regarding the cause of the accident. The ultimate decision regarding fault in a civil trial will be made by the jury at the conclusion of the case.
What are the other elements of the negligence case?
Even though insurance companies usually use the term fault to describe the person responsible for the accident, personal injury attorneys actually file negligence cases against the driver who the plaintiff believes is at fault. Negligence has four elements. These include a duty of care on the roads, a breach of that duty, causation, and damages. Your lawyer’s job is to prove that all of these elements occurred during your accident. Florida also has slightly different negligence laws from every other state.
Speak with a professional about a civil lawsuit
There are accident lawyers in the Orlando area who can assist you with the process of bringing a case against the person or business responsible for your injuries. To get more information, contact an attorney through the listings on USAttorneys.com.