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A Personal Injury Lawyer In Florida Explains How Fault Is Determined in a Car Accident

Mar 08, 2021
Shamis & Gentile, P.A.
car value in total loss

In an auto accident, insurance companies determine who is at fault based on details of the accident and applicable state laws. There are several things to consider when involved in a collision.

How to determine who violated the Law during an accident? 

Car accident law determines who is responsible for damages from the accident. You need to prove four elements to receive compensation.

  • Duty All drivers are responsible to obey the rule of the road.
  • Breach Evidence like surveillance video, eye witness testimony, or even skid marks and blood alcohol reading levels.
  • Causation Injuries were directly caused by the accident
  • Harm Damage to a vehicle or person

Who’s fault is it during a rear-end collision?

In a rear-end collision the driver in the back is usually at fault, but this is not always the case. It is determined by who was most capable of preventing the accident. Some accidents are caused by a driver putting their car in reverse and hitting the back car. Other accidents can lay blame on both drivers during bad driving conditions or front driver negligence.

What do I do if my vehicle is damaged?

Damage to vehicles during an accident tells a vivid story. It can help determine the direction of the vehicle before a collision as well as speed. The amount of damage may also aid in determining the severity of injuries caused in the accident. Make sure to get detailed pictures of both vehicles.

Should I obtain a police accident report?

If the police come to the scene they will fill out an accident report, taking statements from you and the other driver to get a full description of the event. You should get the officer’s name to get a copy of that report and add it to your detailed information you get on-site for your lawyer. This includes pictures of damaged cars, skid marks, road signs, and notes on time of day and weather conditions. These will be given to your lawyer.

What Happens if You’re at Fault?

In Florida, there are no-fault insurance laws requiring you have personal injury protection included with your vehicle insurance. This covers any medical expenses you have for personal injuries as a result of the accident, regardless of who is at fault. Florida uses Comparative Negligence so you can recoup any medical expenses from the other driver depending on the percentage of fault.

 Shamis and Gentile, P.A. are accident lawyers, ready to assist you in any auto accident or injury claim. Call us today for more information.


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