To seek full compensation for an auto accident in Florida, you need proof of fault. While personal injury protection (PIP) insurance provides “no fault” coverage, this coverage is limited, and it won’t nearly cover all of the costs of significant or permanent accident-related injuries. So, how is fault determined in Florida auto accident cases—and how do you prove that someone else was at fault in your accident? Find out from an experienced Florida auto accident attorney:
Two Ways to Establish Fault in an Auto Accident
Broadly speaking, there are two ways to establish fault in an auto accident in Florida. Most cases involve establishing fault based on negligence. However, in some cases, Florida’s “strict liability” law applies.
#1: Negligence
Negligence is the most common ground for seeking financial compensation after an auto accident in Florida. If someone else’s negligence is to blame for your injuries (and if your injuries exceed the “significant or permanent” threshold for filing a claim outside of PIP), then you are entitled to full compensation for all of your accident-related losses.
So, what is negligence?
Negligence can roughly be equated to making a mistake. However, not all mistakes rise to the level of negligence. Proving negligence requires evidence that the at-fault driver failed to adhere to the duty of care that all drivers owe on Florida’s roads. With this in mind, some of the most common examples of driver negligence include:
- Dozing or falling asleep behind the wheel
- Driving under the influence
- Driving while distracted
- Failing to look before turning or merging
- Failing to yield the right of way
- Running red lights and stop signs
- Speeding, tailgating and other reckless driving behaviors
While driver negligence is easily the most common form of fault in Florida auto accident cases, other parties’ negligence can cause (or contribute to causing) accidents as well. For example, trucking companies and other businesses can be deemed at fault for negligently hiring unqualified drivers. Similarly, repair shops and dealerships can be deemed at fault for performing negligent service work, and construction contractors can be deemed at fault for negligently constructing or repairing Florida’s roads.
#2: Strict Liability
Although proof of negligence is required to establish fault in most cases, there are exceptions. In certain circumstances, companies can be deemed at fault based on the law of “strict liability.”
When strict liability applies, proof of negligence isn’t required. This is most often the case when a vehicle defect is responsible for causing an auto accident (or causing an auto accident victim’s injuries). For example, the following types of vehicle defects can all justify claims based on strict liability:
- Accelerator defects
- Airbag defects
- Brake defects
- Electrical defects
- Seatbelt defects
Again, these are just examples. If you have any reason to suspect that any vehicle defect may have played a role in causing your injuries—whether in your vehicle’s or someone else’s—you should be sure to discuss this with your Florida auto accident attorney. Strict liability claims against vehicle manufacturers are very different from negligence claims against drivers and their insurance companies, and your attorney will need to ensure that he or she collects the right types of evidence to prove your legal rights.
Collecting Evidence of Fault
When it comes to determining fault in a Florida auto accident, collecting evidence is a critical step in the process. Without evidence, you won’t be able to prove what happened, and this means that you won’t be able to prove who (or what company) is responsible for your injuries.
Collecting evidence of fault is typically a multi-step process that requires prompt action and deep legal knowledge. As a result, it is important that you hire a Florida auto accident attorney to get to work on your case as soon as possible. To collect the evidence needed to prove fault, your attorney may rely on:
Evidence in Your Possession
If you have photos, videos, a copy of the police report or any other evidence in your possession, you will want to share anything you have with your attorney. These could all provide valuable insight into what happened and what claim (or claims) you have grounds to file.
On-Scene Investigation
Your attorney will want to conduct an on-scene investigation as soon as possible. Evidence can disappear from the scene of an auto accident quickly; so, again, it is important to get started as soon as possible.
Further Investigation
After conducting the on-scene investigation, your attorney will continue to collect evidence from other sources as warranted. From surveillance camera footage to eyewitness testimony, various other forms of evidence may be available to prove fault in your auto accident.
The “Discovery” Process
If necessary, your attorney can seek to collect additional evidence through the “discovery” process. This is a formal step in personal injury litigation. Discovery can be used to obtain types of evidence such as cell phone records, employment records and maintenance records—among many others.
Accident Reconstruction
Accident reconstruction involves examining the available evidence to recreate the events leading up to a collision. The science of accident reconstruction has become remarkably sophisticated, and computer simulations of auto accidents can themselves serve as evidence of fault.
Establishing Fault in Insurance Settlement Negotiations (or in Court)
Once you have the evidence you need, the next step is to use the evidence to establish fault in settlement negotiations with the insurance companies. If the at-fault driver’s (or other at-fault party’s) insurance company accepts responsibility, then you can focus on proving your losses and negotiating a favorable settlement.
Of course, sometimes the insurance companies won’t accept responsibility—and it will be necessary to go to court. However, this is the exception to the norm. With an experienced Florida auto accident attorney on your side, you can maximize your chances of securing a fair settlement and recovering just compensation without the need to go to trial.
Request a Free Consultation with a Florida Auto Accident Attorney at Searcy Denney
If you need to know more about proving fault in an auto accident, we encourage you to contact us promptly. Call 800-780-8607 or request a free consultation online to speak with an experienced Florida auto accident attorney at Searcy Denney as soon as possible.
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