After a car accident in Tampa, determining who was at fault is one of the first major questions to answer. Properly establishing fault helps dictate who is liable and what claims injured parties can file for. Ultimately, how is fault determined in a car accident? This post explains the process for determining fault after a Tampa auto accident and the key factors influencing that determination.
How to Prove Fault in a Car Accident
How is fault determined in a car accident? To hold another driver liable, you must prove their negligence and that they caused the crash. You’ll need compelling evidence for your personal injury claim. There are several potential ways the experienced lawyers at Jurewitz Law Group Injury & Accident Lawyers work to demonstrate negligence and establish fault, including:
Police Report
The official crash report filled out by responding law enforcement and police officers at the scene provides a formal record of the accident. Don’t know how to tell who is at fault in an accident report? The record contains critical facts about how law enforcement believes the accident sequence unfolded. The police report may cite the officer’s determination of which driver was at fault based on those documented details.
Witness Testimony
Neutral third-party eyewitness accounts of exactly what occurred during the accident carry significant credibility and weight as evidence. A witness’s ability to provide an impartial statement recounting the events they saw provides proof beyond the parties’ conflicting narratives.
Photo/Video Evidence
Any photographs, dash-cam footage, surveillance video, or other recording that visually captured the collision as it took place offer undeniable proof. These can reveal the specifics of what transpired moment by moment.
Vehicle Damage
An accident reconstruction expert investigator can examine the damage patterns on the vehicles involved in the car accident. This is to determine the likely sequence of impacts and pinpoint which actions or failures to take evasive maneuvers make them responsible for the collision.
Driver Statements
Both drivers will provide their account of events that will probably conflict with the other party’s version. Our legal team will scrutinize both drivers’ statements alongside gathered evidence to deduce the most logical and credible version of how the accident happened.
By conducting an exhaustive independent investigation to compile evidentiary documentation, we can build a solid, defensible case that proves the other driver’s negligence.
Insurance Fault Determination Rules
Based on insurance company policies, how is fault determined in a car accident? Most insurance companies have established guidelines that they follow when investigating auto accidents and assigning faults. These guidelines may dictate that fault is based on certain types of driving violations or dangerous actions exhibited by a driver.
Some common scenarios in which fault is automatically assigned to a driver include:
- In rear-end collisions, the rear driver is almost always at fault. For instance, failing to leave sufficient stopping distance and not maintaining proper distance behind the lead vehicle.
- During left turn accidents, the driver attempting an unsafe left turn across the path of oncoming traffic typically bears full responsibility if they misjudged the opposing traffic’s speed or distance when attempting the crossing maneuver.
- Drivers who run stop signs or red lights and cause an accident by failing to yield the right of way are deemed negligent.
- Fault directly caused by a drunk, drugged, or distracted driver is assigned to that driver. This is due to the illegal and hazardous nature of operating a vehicle while impaired.
- Drivers who lose control or become unable to stop due to excessive speeding beyond the posted limits are considered negligent and at fault.
An insurance company’s internal investigation and fault determination establishes its negotiating position regarding who may owe compensation for the resulting injuries, vehicle damage, and other losses from an accident. However, insurers’ initial assessments are often skewed about insurance coverage. Insurance providers deflect fault and liability away from their policyholders whenever possible.
The thorough, unbiased evidence gathered through independent investigation can contradict insurance-led fault determinations to accurately assign liability.
What Happens If You’re Deemed At-Fault in a Car Accident?
How is fault determined in a car accident, more so what happens if you are found at fault? What happens if I’m at fault in a car accident? If the investigation and evidence show that you were exhibiting negligent behavior that directly caused the accident, you can’t recover any compensation.
However, even in cases where a driver was partially negligent, Florida applies a “comparative negligence” legal standard. If your actions contributed, as long as you were less than 51% at fault for the crash, you may still be eligible for compensation. However, the amount of your compensation is reduced due to the percentage of fault.
We will work to prove that you had little or no culpability while working to maximize the liability of other involved parties. When another driver is at fault, our team can aggressively pursue financial compensation from the party and their insurance provider. Unsure of how is fault determined in a car accident and the compensation it brings? The compensation you could obtain might cover the following:
- The full cost of all your medical expenses for treating injuries from the accident
- Any income you’ve lost from missing work due to accident recovery
- Repair or replacement costs for damage to your vehicle
- Monetary compensation for the pain, suffering, inconvenience, and overall impact the accident had on your quality of life
Get Jurewitz Law Group Injury & Accident Lawyers on Your Side
Don’t know how is fault determined in a car accident? Since the establishment of fault impacts the entire trajectory and outcome of a personal injury case, you should not accept an insurance company’s biased findings. The stakes are far too high.
Jurewitz Law Group Injury & Accident Lawyers has extensive experience dealing with auto insurers by gathering clear and indisputable evidence. By building strong legal arguments to prove fault, our car accident attorneys can recover maximum compensation from those parties truly liable.
Call Jurewitz Law Group Injury & Accident Lawyers‘s legal team at (619) 233-5020 for a free, no-obligation consultation with us. Our skilled Tampa car accident lawyers can conduct exhaustive independent investigations to accurately determine fault and build solid cases to hold negligent parties accountable.
