Determining Car Accident Liability
Who’s at Fault?
Depending on where you live, determining who is at fault—and to what degree—can determine how you should proceed with your car accident liability claim. Across Florida, auto accidents are governed by “no fault” and “pure comparative fault” laws. In most cases, no fault guidelines are followed in car accidents where no injuries, minor injuries and limited damage have occurred. If injuries and property damage are significant, the degree of each party’s negligence comes into play.
Negligence can be defined as careless or questionable conduct that results in damage and harm. You can be negligent if you actively do something—like speed through an intersection—or if you fail to do something—like yield to merging traffic.
Sometimes, negligence is obvious, for example, if a driver is under the influence of drugs or alcohol. In other instances, fault isn’t so clear. If you’re in an automobile accident where fault is unclear, you can gather additional information from several sources:
- Police report – Police officers will sometimes indicate who they believe was at fault or violated traffic regulations.
- Traffic laws – Learn more about the traffic regulations related to the circumstances of your automobile accident.
- Type of accident – In rear-end collisions, if you’re hit from behind, it’s rarely your fault; in left-turn accidents, the driver making the turn is usually at fault.
If negligence and fault are truly in question, insurance investigators and law enforcement may call for a detailed investigation or a re-construction of the car accident to determine the cause. In some instances, the accident may not have been caused by the driver, whose negligence set off the accident events, but by someone who tried to avoid the accident, or by faulty equipment. A comprehensive accident investigation will uncover physical evidence and witnesses that can help determine fault.
If it’s determined that fault is shared, in Florida you may have the amount of your potential damages reduced by the percentage of fault you bear. For example, if it’s determined that you are 20% at fault for an accident and your injury claim is for $10,000, then you will be entitled to recover $8,000.
If you’re involved in a car accident that involves personal injury and property damage, don’t face the investigation into fault and negligence alone. A qualified automobile accident and personal injury attorney can assist you in fairly settling your claim.
