You’re driving down the road, and suddenly another vehicle crashes into you unexpectedly. Whether they ran through an intersection or turned when they weren’t supposed to, their negligence caused you to sustain injuries or property damage. Unfortunately, they decide to try and spin their story and say you are the one at fault.
If you’re in a similar situation, you might feel angry and confused. It’s frustrating when someone tries to put their careless actions on you, but with the help of an experienced lawyer, you can hold them accountable for their actions and lies. A car accident lawyer will gather evidence and documentation that can help you show the other person’s negligence.
5 Steps to Take When Blamed for an Accident You Didn’t Cause
When a car crash occurs, the other party may wrongfully blame you for causing the accident. In situations where the other party is trying to turn the fault on you, you may feel frightened and frustrated. However, you can take a few actions to help your case and verify your innocence.
Stay Calm
It might be challenging to stay calm during a stressful situation, but getting angry and aggressive can harm your chances of proving the other person’s fault. When you raise your voice and show that you’re upset, the other person may use that against you. Take a deep breath and evaluate the situation around you.
Contact Law Enforcement
Not only can your local police officer gather information and create a police report, but they can also de-escalate the situation if the other party is aggressive or trying to instigate a fight. The police report can also note the other person’s behavior.
Get the Other Party’s Information
If you can collect the other party’s information safely, taking pictures of their information or writing it down can help your claim. Their driver’s license, insurance information, and other relevant info can significantly help your car accident lawyer.
Gather Evidence
Picture and video evidence are essential to your car accident claim. Showing where the other car hit you, the area of the accident, and your injuries can give those not at the scene an idea of what happened. You may also be able to get witness testimonials or surveillance camera footage from nearby businesses.
Speak with Your Lawyer
Trying to defend yourself in a car accident claim can be challenging if you are unfamiliar with defense strategies and the legal claim process. You may risk your compensation and safety by not having an experienced car accident lawyer by your side.
Accidents occur all the time, but some can be more challenging when fighting to prove your innocence. With the help of a car accident lawyer, they can analyze your case and offer their legal guidance on your best course of action.
Find a Dependable Orlando, Florida Car Accident Attorney Today
The sooner you contact a car accident lawyer, the more time they have to gather evidence, analyze any potential legal issues, and talk with witnesses of the accident. With 60 years of experience advocating and protecting the rights of clients across Florida, our Wooten, Kimbrough, Damaso & Dennis lawyers dedicate their practice to offering legal representation you can trust.
We understand how frustrating it can be when someone tries to blame you for their wrongdoings and will do everything in our power to help you receive justice. With positive results and testimonials from past clients, you can count on us for a smooth legal car accident claim.
To schedule a free consultation and talk with our reliable lawyers, fill out our contact form.
Frequently Asked Questions: When You’re Blamed for an Accident You Didn’t Cause
What should I do right away if the other driver is blaming me for the accident?
Stay calm, do not admit fault or apologize, and call 911 immediately. A police report documenting the scene is one of your most important pieces of evidence. Take photographs of both vehicles, the road conditions, any injuries, and the surrounding area. Collect the other driver’s license and insurance information, and get the names and contact details of any witnesses. Contact a car accident attorney as soon as possible so that evidence can be preserved before it is lost or altered.
Can the other driver’s insurance deny my claim if they blame me for the crash?
Yes, the other driver’s insurer will investigate the claim and may attempt to shift or assign fault to you in order to reduce or deny the payout. However, an insurer’s fault determination is not final. Florida’s modified comparative negligence system allows fault to be divided among all parties, and your attorney can challenge an unfair fault assignment by presenting evidence, witness statements, and accident reconstruction analysis. You should not accept an insurer’s fault finding without having an attorney review your case.
How does Florida’s comparative negligence law affect a disputed-fault accident?
Florida uses a modified comparative negligence system, which means that fault is assigned as a percentage to each party involved. You can recover compensation as long as you are found to be 50 percent or less at fault. If you are assigned more than 50 percent of the fault, you are barred from recovering damages. For example, if a jury determines that you were 20 percent responsible and the other driver was 80 percent responsible, your award would be reduced by 20 percent. This makes it critical to gather strong evidence supporting your version of events.
What types of evidence are most effective for proving I wasn’t at fault?
The most valuable evidence in a disputed-fault crash typically includes the official police report, photographs and video from the scene, surveillance footage from nearby businesses or traffic cameras, eyewitness testimony, cell phone records showing the other driver was distracted, vehicle damage patterns, and accident reconstruction analysis. Your attorney can send a spoliation letter to preserve surveillance footage and take other steps to secure evidence before it is overwritten or destroyed.
How long do I have to file a car accident claim in Florida if I was wrongly blamed?
Florida’s statute of limitations for personal injury claims is two years from the date of the accident. This deadline applies whether you are the party seeking compensation or defending against a wrongful blame claim. Waiting too long can result in losing the ability to file suit entirely and can also allow critical evidence to disappear. Contacting an attorney shortly after the accident gives your legal team the best opportunity to build a strong case on your behalf.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.