Who Determines Fault (And How) After A Car Accident in Florida?
The determination of who is at fault after a car accident in Florida is typically made by a judge using information collected from the parties involved in the accident, their legal representatives, their insurance claims adjustors, and the police officers who responded to the accident.
Determining Fault in a Car Accident in Florida
There are four important elements to establishing fault in a Florida car accident case:
- Duty of care: The responsible driver held a legal duty of care for the injured party’s safety and wellbeing.
- Breach of duty: The responsible driver breached their duty of care, either through negligence or intent.
- Causation: This breach of duty caused the accident to occur.
- Damages: The accident resulted in losses and expenses.
A Florida car accident lawyer can help establish the at-fault party’s duty of care, demonstrate how their actions led to the accident, and pursue compensation for the injured party’s resulting damages.
Evidence That Helps Determine Fault
Common forms of evidence used to establish fault in a Florida car accident case include:
- Police reports
- Witness statements
- Expert witness reports
- Photo or video evidence from the scene of the accident
- Damage reports
It is possible that the police report could indicate who is at fault. This is not always the deciding factor. A car accident lawyer may recreate the scene of the accident to determine exactly what happened and whether the evidence points to another responsible party.
Calculating and Covering Damages in a Florida Car Accident
Because Florida is a no-fault insurance state, each driver is required to carry a minimum of $10,000 in personal injury protection (PIP) coverage, which can be used to pay for expenses like:
- Medical costs
- Property damage
- Lost wages
- Lost work benefits
The injuries and damages from a severe car accident can quickly exceed the maximum compensation allowable under the no-fault insurance policy. In this case, the injured party could seek compensation from the at-fault driver through a third-party claim.
A car accident lawyer can help calculate compensation in your car accident claim by collecting medical records, physician statements, vehicle repair reports, invoices, and expert witness reports.
Discuss Your Case With a Florida Car Accident Lawyer Today
The Florida statute of limitations stipulates that all car accident cases must be filed within four years of the car accident.
It takes time to collect evidence and build your case, especially when you are focusing on your recovery. A car accident lawyer can make the process easier by handling the details on your behalf.