How to tell who is at fault in a car accident in Florida

Florida is a no-fault state, but that doesn’t mean negligent parties can’t be held responsible. Find out how to determine fault in a car accident in Florida.

If you’re involved or injured in a car accident in Florida, one of the most important things to determine is who is at fault. This will have a huge impact on your insurance claim, the legal proceedings, and your ability to pursue compensation. However, determining who is at fault in a car accident in Florida is not always straightforward—especially if the other driver denies responsibility. Even worse, the other driver’s insurance company may try to blame you for the car accident to avoid paying for damages.

If you’re currently in this situation, you should contact an experienced Florida car accident attorney for a free consultation. They will help you understand your rights, investigate your case, gather evidence, and establish fault on the appropriate parties. They will also deal with the insurance company and fight to ensure you get full and fair compensation. Don’t way though. The sooner you contact an attorney and get legal representation, the better your chances of getting the outcome you want.

Continue reading to learn how insurance companies, the courts, and lawyers determine fault in car accidents in Florida.

How Florida determines fault in a car accident

Florida is a “no-fault” state. In most cases, this means that after a car accident, you will go through your own insurance first to cover property damage, medical expenses, and other related costs up to a certain point. You use your insurance first regardless of who caused the accident. Florida’s no-fault system is designed to help reduce the need for litigation and to provide quick pay-outs for claims. However, that’s not always the case and another reason why you should contact an experienced Florida car accident attorney.

Here are a few other factors to consider:

• You will use your Personal Injury Protection (PIP) insurance first: Florida requires all drivers to carry PIP insurance, which covers up to $10,000 in medical expenses and lost wages. You use this even if you did not cause the accident.

• Your injury may exceed Florida’s “serious injury” threshold – If your injuries from the car accident meet or exceed Florida’s “serious injury” threshold, such as significant or permanent injury, disfigurement, paralysis, or death, you may be able to bypass the no-fault system and pursue a claim against the at-fault driver and/or their insurance company.

Understanding Florida’s modified comparative negligence rule

As of March 2023, Florida follows a modified comparative negligence rule. This rule states that if you are partially at fault for an accident, your ability to recover damages is reduced by your percentage of fault. So, if you are found to be 20% at fault for an accident, say you were speeding and another car ran a yellow light and hit you, then your damages may be reduced by 20%. However, you cannot recover any damages if you are found to be more than 51% at fault for the accident.

Factors that help determine fault in a car accident in Florida

Even though Florida is a no-fault state, determining who is at fault in a car accident is very important—especially under Florida’s new modified comparative negligence rule. While every case is different, here are the key factors considered to help determine fault in a car accident in Florida.

• What does the police report say? – Police reports are one of the most important documents to consider when determining fault in a car accident. This is why it’s critical to call 911 after an accident, even if the other driver says you don’t need to. These reports often include accident scene evidence, such as witness statements, traffic violations, and other physical evidence. Usually, a police officer will provide an opinion of who is at fault. While the officer’s opinion does hold weight in determining fault, we have had cases where our private investigators found other factors that were missed in the initial assessment.

• Did any traffic violations lead to the accident? If the other driver was speeding, ran a red light, failed to stop, or changed lanes without looking, there is good evidence of fault.

• Were there any eyewitness or video recordings? Another great way to provide evidence of fault is to provide eyewitness statements or video recordings of the accident. Did someone see the accident happen? Did you or another driver have a dashcam? Does a nearby business have surveillance footage of the incident? This type of evidence can be submitted to the court to help prove fault in a car accident.

• Can the accident be reconstructed? In complex and disputed cases, accident reconstruction experts may be brought in to analyze the scene, examine vehicle damages, and use physics and engineering to reconstruct the accident. At Hoskins, Turco, Lloyd & Lloyd, we use accident reconstruction experts to help our clients in these situations.

Need help proving fault in a car accident in Florida?

Call 866-930-6435 to speak with one of our accident attorneys now

Determining fault in a car accident in Florida is not always easy, but that’s where we can help. As one of Florida’s most trusted law firms, Hoskins, Turco, Lloyd & Lloyd has helped tens of thousands of accident victims get the justice and compensation they deserve. We have over four decades of experience and have secured more than $500 million in settlements and verdicts for our clients. We have the expertise and resources to investigate car accidents and we will go head-to-head with insurance companies, never backing down until you get what you deserve.

Don’t face this battle alone—speak with one of our Florida accident attorneys today. Call 866-930-6435 now for a free consultation.