01 Jun 2023

How to determine negligence after a car accident in Tampa

Posted By Darrigo & Diaz

Man and woman discussing a car accident

The aftermath of a car accident can be distressing. Not only are you dealing with physical injuries and damage, you’re also worried about finances. Medical care and car repairs are expensive. Plus, you may be losing income because you are unable to work. This is why determining negligence after a car accident in Tampa is so important. Determining faut—or who caused the accident—plays a pivotal role in insurance claims and compensation.  In this blog, we explain how to determine negligence after a car accident in Tampa.

Key factors considered to determine fault after a car accident in Tampa

Determining fault after a car accident in Tampa is not simple. There are multiple factors that influence whether or not a driver is responsible for causing an accident. Here, we explore some of these factors to help you better understand the negligence in your case. However, every accident is different. We highly recommend you call our experienced Tampa car accident attorneys to learn more about your options

Have a question about your case? Speak with our attorneys now at (813) 437-5523.

Duty of care

In any car accident case, the concept of duty of care plays a crucial role. Every driver on the road has a legal obligation to operate their vehicle safely and without posing unreasonable risk to other drivers. This includes driving the speed limit, maintaining control of the vehicle, and not driving distracted.

Breach of duty

A breach of duty occurs when a driver fails to uphold their legal obligation to exercise reasonable care while driving. A breach of duty would be speeding, texting and driving, running a red light, or driving under the influence of alcohol or drugs. One of the first steps in determining negligence after a car accident in Tampa is to establish whether a driver has breached his or her duty of care.


Establishing causation is another critical element in determining negligence. You must prove that the other driver’s “breach of duty” directly caused the car accident and resulted in your injuries. This requires a thorough examination of the sequence of events leading to the collision. Hiring an experienced Tampa car accident attorney is highly recommended to help you prove causation. An attorney will gather evidence, including witness testimonies, take photographs and surveillance footage, conduct accident reconstruction analyses, and consult experts. A good attorney will be able to establish a clear connection between the negligence actions and the accident.

Comparative negligence

This is a big one for Tampa drivers. With House Bill 837, Florida recently changed from to a modified comparative negligence system. In other words, if a person is found to be more than 50% at fault for causing an accident, he or she can’t recover anything to pay for medical bills or damages. Before the law passed, you could recover compensation based on your percentage of fault. For example, if you were found to be 70% at fault for causing an accident, you could still recover up to 30% to help pay for your bills.

Therefore, if you are injured in a car accident in Tampa, it is now vital that you correctly determine who is at-fault. This is where hiring an experienced car accident attorney becomes absolutely critical. You need an attorney who will determine through evidence that you are not more than 50% responsible for the accident. Afterall, the other driver will likely have an attorney from the insurance company who will make it their mission to put more blame on you.

Evidence collection

Collecting and preserving evidence is vital to determining negligence after a car accident. This includes police reports, medical records, photographs of the accident scene and vehicle damage, witness statements, expert testimonies, accident reconstruction analyses, and available surveillance footage. If you hire a law firm, it will be your attorney’s job to gather and preserve all of the evidence.

We can help you determine negligence after a Tampa car accident

Determining negligence after a car accident in Tampa is a crucial step in seeking compensation for injuries and damages. It involves establishing the duty of care, proving a breach of duty, demonstrating causation, and considering comparative negligence. Collecting and preserving evidence is essential for building a strong case. Working with an experienced personal injury attorney can significantly increase your chances of obtaining a fair settlement or winning your case in court. Remember, understanding the process of determining negligence empowers you to protect your rights and pursue the justice you deserve.

Injured in a car accident in Tampa? Protect your rights.

Call Darrigo & Diaz immediately at 813-437-9077

If your or a loved one has been injured in a car accident in Tampa, the skilled car accident attorneys at Darrigo & Diaz are here to help. Since 1999, we have helped individuals throughout Tampa Bay get the justice and compensation they need and deserve. We have the expertise and experience you need to take on big corporations and insurance companies in the courtroom. We fight for our clients, ensuring they receive the physical, emotional and financial support they need to heal, recover, and move forward.

Call 813-437-9077 or contact us online to schedule your free case consultation.

Categories: Car Accidents
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