It can sometimes be difficult to determine who exactly is at fault because of an auto collision. It also often depends on the legal definition of negligence in the state in which you reside where the accident occurred. A person is considered negligent when they fail to exercise a certain amount of caution a reasonable person would under the same circumstances.
Determining Fault in Florida
Florida is a no-fault insurance state which means you will always file a claim with your own insurance company following an auto collision. It doesn’t matter who is or isn’t at fault. However, there is just one exception to this rule.
If you suffered a permanent injury, disfigurement, or scarring as a result of the accident, you could then file a case against the driver that is at fault and their insurance company will investigate and offer additional compensation.
Comparative Negligence
Since Florida is a no-fault state, they instead follow the comparative negligence rule. This means that the compensation awarded for a person’s injuries can be reduced by their percentage of fault in the accident.
For example, if you were speeding and were then hit by a car that ran a red light, you may be found to be approximately ten percent at fault for the accident due to the speeding. This means that your compensation would be reduced by that ten percent you were at fault for.
Process of Proving Fault
To prove fault in an auto collision, you need to prove that the at-fault party did not act as any other reasonable person would. Perhaps they failed to follow traffic laws such as obeying the speed limit, stopping for stop signs and lights, etc.
These can all be considered negligence, which means that the at-fault party will be responsible and held liable for any of the resulting injuries.
Collecting Evidence
To prove fault, you have to gather all the necessary evidence. While you are at the scene of the accident, you need to take photos and videos if possible of the area, the damage that had been done to all the vehicles involved, skid marks on the road if there are any, and any injuries you sustained as a result of the accident. All of this visual evidence can go a long way in proving your claim.
Failure to Follow Traffic Laws
If the crash was the result of the at-fault driver breaking any kind of traffic law, then you can discuss this with your personal injury attorney. They are knowledgeable when it comes to helping you identify any traffic laws that may have been broken and how they can help prove your case.
Filing the Accident Reports
When you are involved in an auto collision, Florida law states that the driver of the vehicle needs to report the accident when there is any injury, death or property damage that exceeds $500. This needs to be reported within ten days of the accident.
You should also make sure to obtain a copy of the police report because this report will give you valuable information regarding all the specific details of the accident and if any traffic laws were violated and by whom.
No Doubt Liability
There are also certain auto collisions where one party is almost always going to be determined as the one at fault. Rear-end accidents and left turn collisions are two of these instances. Often, a driver making a left-hand turn is going to be considered the one at fault in almost every accident as well as those who rear-ends another vehicle.
If you are unsure who is at fault or you need help determining the fault of an auto collision, make sure to consult with your personal injury attorney as soon as possible.