How to prove fault in a car accident
How can you prove who was at fault in a car accident? Determining liability in a car crash can be difficult because everything happens so quickly, but this step is essential to the compensation process. In some cases, it seems as if the accident simply couldn’t have been avoided. However, almost every auto accident has driver error at its core.
Negligence is more easily determined when a crash involves one of the following conditions:
In each of the above circumstances, an accident could have been avoided if the driver had taken responsibility for safe driving: getting a sober ride home, staying focused on the task of driving, obeying traffic laws, not driving while drowsy, etc.
Sometimes, liability may be less obvious initially. Having the representation of a skilled attorney can help you determine all sources of liability, which may include employers, auto manufacturers, parents, bar and restaurant employees, and more.
In addition, Florida follows a pure comparative fault system. This means that your compensation will be reduced if you’re determined to be partly at fault in the accident. Even if you’re partly responsible, you may still be able to recover monetary compensation. It’s important to consult with an experienced Tampa car accident lawyer to calculate how much compensation you’re eligible for.
Let’s say you’re involved in a T-bone collision with another car. The driver ran a red light and the police at the accident scene determine that they were intoxicated. However, you also admit that you were driving 20 miles over the speed limit and distracted by your phone. The officer determines that the other driver was 75 percent liable for the accident for running the red light while drunk, and you were 25 percent responsible for speeding and driving distracted.
If you file a claim for damages that total $100,000, and are successful, then your award amount will be reduced by your percentage of fault—25 percent. Therefore, you final award would be no more than $75,000.