When you're involved in a car accident, determining fault can help you resolve the case. Whether it’s a minor fender bender or a serious collision, figuring out who’s at fault impacts compensation for damages or injuries.
However, determining fault in personal injury cases isn’t always straightforward. Several factors, such as witness statements, police reports, evidence from the scene, and traffic laws, come into play. Depending on the circumstances, fault can be assigned to one driver, multiple drivers, or even outside factors like road conditions or vehicle malfunctions.
At Fenderson Law Firm, we use our legal knowledge and experience to fight for compensation so you can focus on your recovery. We make you a top priority and take charge of your concerns. Our team will help you weigh your options, keeping your best interests in mind. Call us immediately f you're involved in a car accident in North Florida or Central Florida, including Orlando, Jacksonville, Pensacola, Tallahassee, Gainesville, Ocala, Panama City, Tampa, St. Petersburg, Clearwater, Lakeland, Deltona, and Largo.
And now, we come to the all-important questions - what is fault and how is it determined in a car accident?
What Does Fault in a Car Accident Mean?
Fault in a car accident refers to the driver (or drivers) responsible for the collision and the resulting damages or injuries. In order to determine fault, several factors must be considered. These factors often include the following:
Traffic laws: If one driver violates a traffic law (such as running a red light or speeding), this can help establish fault.
Negligence: Fault can also be based on negligence, which occurs when a driver fails to exercise reasonable care, such as texting while driving or driving under the influence.
Evidence from the accident scene: This can include skid marks, the location of vehicles after the crash, and damage to vehicles, all of which can establish who was at fault.
As your personal injury attorneys, we will investigate the case, gather evidence, and strive to prove who was responsible for the accident. We can also help you determine the best way to proceed with your claim and get adequate compensation for your injuries.
What Does Comparative Fault Mean in Florida?
Florida follows a comparative fault system when determining fault in car accidents. This means that fault can be divided between multiple parties based on the degree of responsibility each person has in the accident. If you were partially responsible for the accident, your compensation may be reduced by the percentage of fault you hold.
For example, Driver A runs a red light and collides with Driver B, who was speeding at the time. Driver A may be 70% at fault for running the red light, while Driver B may be 30% at fault for speeding. In this case, Driver B’s compensation would be reduced by 30%, and they would only receive 70% of the total damages.
In this system, the amount of compensation reflects the degree of responsibility each party bears.
How Evidence Determines Fault
In car accident cases, evidence can often make or break the determination of fault. Gathering and presenting solid evidence is critical for proving liability, especially when fault is disputed. The following types of evidence are commonly used in determining fault:
Police reports: Officers responding to the accident scene generally write a report that includes their observations, any citations issued, and statements from witnesses. This report can be instrumental in showing who was responsible.
Witness statements: Eyewitnesses can provide important details about what happened before, during, and after the crash. Their statements may be used to support or dispute claims made by the parties involved in the accident.
Surveillance footage: In some cases, cameras from nearby businesses or traffic cameras may capture the accident or the moments leading up to it. This footage can offer an unbiased perspective on how the accident occurred.
Photos and diagrams: Photographs of the scene and diagrams drawn by accident reconstructionists can help establish how the crash occurred and what caused it. Damage to vehicles, skid marks, and other physical evidence can show the sequence of events.
Accident reconstruction: In more complicated cases, expert witnesses may be brought in to reconstruct the accident based on available evidence. This can provide a clearer understanding of how the accident occurred and who was at fault.
As experienced personal injury attorneys, our role is to review all evidence and use it to build a strong case in your favor. We may also work with accident reconstruction specialists, gather witness statements, and make sure we support your claim with relevant information.
Common Scenarios and How Fault Is Determined
Car accidents can happen in various ways, each with its own circumstances that affect how fault is determined. Below are some common scenarios and how fault is typically determined in these situations:
Rear-End Collisions
Rear-end collisions are some of the most common types of accidents, and fault is usually straightforward. If a driver rear-ends another vehicle, the driver who hit the car from behind is typically considered at fault, especially if they were following too closely or were distracted. There are exceptions to this, such as if the lead driver suddenly stopped or was driving erratically.
T-Bone Accidents
T-bone accidents, where one vehicle strikes the side of another, often occur at intersections. Fault in these accidents is typically determined by who had the right of way. If one driver ran a red light or ignored a stop sign, they may be considered at fault. However, if the other driver was speeding or distracted, they may share some of the blame.
Lane Change and Merging Accidents
When two vehicles merge onto the highway or change lanes, fault is often assigned based on the driver who failed to yield the right of way. A driver who suddenly changes lanes without signaling will likely be deemed at fault. However, if another driver speeds and tailgates, they may have to share responsibility.
Drunk Driving Accidents
In cases where one driver is intoxicated, determining fault becomes relatively simple. Florida law holds impaired drivers responsible for accidents that occur as a result of their actions. However, if both drivers were under the influence, both may share some degree of responsibility.
Distracted Driving Accidents
Distracted driving, including texting, talking on the phone, or using in-car technology, can lead to accidents. If a distracted driver causes an accident, they may be found at fault. However, if the other driver was speeding or engaging in reckless behavior, fault could be shared.
What to Do After an Accident to Help Determine Fault
After a car accident, it’s important to take steps to help determine fault and protect your rights. Here are some key actions to take:
Call the police: A police officer can provide an accurate and unbiased report of the accident. This can be critical in determining fault.
Exchange information: Exchange names, addresses, insurance information, and driver’s license numbers with the other party involved in the accident.
Take photos: Document the scene with photos of the vehicles, damage, and surrounding area. These can provide valuable evidence.
Speak with witnesses: If there were witnesses, get their contact information and ask them to provide witness statements.
Seek medical attention: Even if you are uninjured, it’s important to get checked out by a doctor. Injuries may not show up immediately but could still affect your case.
Our attorneys can assist in gathering evidence, speaking with witnesses, and reviewing the police report to build a case that supports your claim.
Contact Our Personal Injury Firm Today
If you were in a car accident and need assistance determining fault, contact our firm, Fenderson Law Firm, for services in North and Central Florida, including Jacksonville, Pensacola, Tallahassee, Gainesville, Ocala, and Panama City, Orlando, Tampa, St. Petersburg, Clearwater, Lakeland, Deltona, Largo, and beyond. Our team is cost-effective and has the experience to fight for you throughout the legal process. Call today to schedule a consultation.
