Determining fault in a car accident is crucial when it comes to resolving insurance claims and securing compensation for damages and injuries. In Florida, fault can be complex to determine due to the state’s no-fault insurance laws. However, understanding how fault is assessed can help you protect your rights and navigate the legal process. The Black Law Company is here to explain the key factors involved in determining fault in a Florida car accident.
Florida’s No-Fault Law
Florida operates under a no-fault insurance system, meaning that after an accident, your insurance covers your medical expenses and lost wages up to a certain limit, regardless of who was at fault. This is covered by your Personal Injury Protection (PIP) insurance. However, if your injuries are severe or exceed the coverage limits, you may be able to file a claim against the at-fault driver.
Negligence and Fault Determination
When it comes to determining fault, the key factor is negligence. If a driver’s careless or reckless behavior—such as speeding, running a red light, or texting while driving—caused the accident, they could be deemed negligent and held liable for damages. Police reports, witness statements, and accident scene photos can all be used to prove negligence.
Comparative Negligence in Florida
Florida follows a comparative negligence rule, which means fault can be shared between drivers. If both drivers are partially at fault, the compensation you can receive may be reduced based on your percentage of fault. For example, if you are found to be 20% at fault, your damages would be reduced by that amount.
Determining fault in a car accident can be complicated, which is why it’s important to work with an experienced attorney. At The Black Law Company, we specialize in helping car accident victims navigate the legal process and secure the compensation they deserve.
This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as a Tampa personal injury lawyer. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
The information provided on this website does not and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.
