How is fault determined in a Florida auto accident case?
There are a couple different ways to determine fault in a Florida auto accident. First of all, Florida is a comparative fault state which means the fault of the person who is injured is also taken into the consideration of the fault of the other people involved in the accident. The other way that it can be determined in Florida is by looking at the statutes. Florida statutes actually do have presumptions of fault. For example, in a car accident, if someone hits you in a rear end collision, they are presumed to be at fault. Now that’s not an absolute and there is still the ability of that person who hit you from the rear, to be able to argue that it wasn’t there fault. But that’s the basic tenants.