How Do You Determine Fault In A Car Accident
In any car accident, there is a single determining factor for pursuing an insurance claim: who was at fault? Indeed, that is the question insurance companies will always seek to answer prior to settling any claim.
So how is fault determined in Florida?
Fault is attributed to the driver whose negligence or wrongdoing is responsible for the accident. Typically, Florida drivers who are at fault will be held liable for any injuries or damages sustained as a result of the crash. In cases where fault is unclear or shared, the insurance company will review the case to determine whose negligence was the primary catalyst for causing the accident.
However, determining fault is not always easy. In fact, car accident victims may not fully understand which laws were violated. Insurance companies may also be quick to place fault in order to secure their financial interests, as is often the case in motorcycle accidents. Understanding fault requires an in-depth knowledge of Florida’s laws and regulations, which makes obtaining sound legal counsel imperative to guaranteeing a fair settlement.
At the Shiner Law Group, our award-winning car accident attorneys know how to navigate the complexity of fault determination. We are intimately familiar with Florida’s vehicle codes and statutes and are readily able to assess their impact on a car accident victim’s claim. Additionally, we conduct a thorough investigation of the facts, which includes gathering relevant evidence, obtaining eyewitness testimonies, and working with a network of industry professionals to help you build the most compelling claim.
Where Determining Fault Is All but Guaranteed
Accidents in Florida operate on comparative negligence, meaning that victims of a car accident will be compensated depending on the percentage of their contribution to the accident. In cases involving rear-end collisions, the driver who caused the accident is almost always at fault for failing to stop safely; however, drivers who rear-end a vehicle ahead of them may have a claim against the driver who caused them to stop suddenly and crash into another vehicle.
Similarly, a driver who causes a collision by making a left turn is almost always liable for damages. Under Florida law, a car turning left into oncoming traffic is required to observe a vehicle’s right-of-way. The only exception to this is when the oncoming vehicle was exceeding the speed limit or failed to stop at a red light.
Take Advantage of Our Free Consultation
If you or a loved one have been injured in a car accident in Florida, contact our seasoned car accident attorneys to discuss your rights and legal options, as you may be entitled to financial compensation. For over 15 years, the Shiner Law Group has represented thousands of victims involved in auto collisions, recovering millions in damages, because we believe those who cause harm due to negligence or carelessness must be held responsible.
We understand that our clients are faced with mounting physical, emotional, and financial hardships in the aftermath of an accident, which is why we are prepared to fight on behalf of your legal and financial interests. Let us take the stress out of your recovery.