Determining Fault After a Car Accident

After a car accident in Florida, injured victims can file a claim for compensation to cover the cost of their medical expenses and other damages. When filing these claims, particularly if you sustained a serious and permanent injury, you will have to prove which driver was at fault for the crash. This can be very difficult, so it is crucial that you speak to an experienced lawyer who can gather all the evidence and fight for the compensation you need.


Proving Fault in a Crash

Evidence is crucial when proving that another driver was negligent and caused your crash. The most important evidence to collect after any accident includes:

  • Information from all parties, such as names, addresses, phone numbers, driver’s license numbers, license plate numbers, insurance information, description of vehicles, and registration numbers for all vehicles involved
  • Eyewitness contact information and statements
  • Pictures of the property damage, injuries, and other evidence, including skid marks, weather, and anything else relevant to the accident, such as a stop sign
  • Medical documents, reports, and diagnosis
  • Police reports
  • Expert analysis of the crash scene and your injuries

You may have gathered some of this evidence at the time of the crash. Your attorney will work quickly to launch an investigation into your accident and continue to thoroughly document the full extent of your losses.


How Does Law Enforcement Determine Liability?

Law enforcement will determine who was at fault for the crash by interviewing all drivers involved and investigating the scene. They will also speak to any eyewitness who saw the accident unfold. After law enforcement has fully investigated the scene, officers will write and file a report that can provide crucial evidence during the claims process.


No-Fault vs. Fault States

Florida is a no-fault state, which means that injured individuals must file a claim with their own insurance company before seeking compensation from the negligent party. When accident victims file a claim with their own insurance company after a crash, they do not have to prove which driver was at fault.

This is different from fault states, where accident victims must file a claim with the insurance company of the negligent driver. When doing this, injured individuals must provide substantial evidence that proves the other driver was at fault.

There is an exception to Florida’s no-fault auto accident laws, though. Florida law allows accident victims to file a claim with the at-fault driver’s insurance company, or directly against the negligent driver, when a serious permanent injury has been sustained. Additionally, if your injuries are valued at $10,000 or more, you can file a personal injury claim against the at-fault driver.


Let Our Lawyers Help You

At Holliday Karatinos Law Firm, PLLC, our Florida personal injury lawyers are here to help you after a car accident. We know how to collect the necessary evidence, and our attorneys have the extensive experience needed to investigate your crash and prove who should be held responsible. 

If you have been hurt, call us or contact us online to schedule a free consultation with one of our attorneys.

Memberships & Recognitions