How is Fault Determined in a Car Accident in Florida?

How is Fault Determined in a Car Accident in Florida?

Determining fault in a car accident is a critical step in the claims process, as it affects the distribution of damages and liability. In Florida, understanding how fault is assessed can help you navigate the legal and insurance implications following an accident. While Florida uses a “no-fault” insurance system, fault can still matter in serious accident cases.

At High Stack Law, we explain how to determine fault in a Florida car accident. Our attorneys are highly experienced investigators and litigators. We help you navigate Florida’s unique liability laws and seek the compensation you deserve. 

Florida’s No-Fault System

Florida operates under a no-fault insurance system for car accidents. This means that after an accident, your own insurance policy covers your medical expenses and certain economic losses, regardless of who caused the accident. This is handled through Personal Injury Protection (PIP) coverage. 

However, for significant damages and serious injuries, determining fault becomes essential to pursue compensation beyond PIP limits. If your injuries exceed the $10,000 PIP limits or you suffered serious physical harm, you are entitled to file a separate lawsuit to win additional compensation.

Steps in Determining Fault

Your attorney will help determine fault in several ways:

Investigating the Accident Scene

Law enforcement officers will investigate the accident scene, gather evidence, and create an official police report. This report often includes details about the accident, statements from drivers and witnesses, and the officer’s initial assessment of fault.

Your attorney will also investigate the results of that investigation, the documents that arise from it, and any witness testimony that can be established.

Collecting Evidence

Both insurance companies and attorneys will collect evidence to establish fault. This evidence may include:

  • Photographs and videos of the accident scene
  • Statements from witnesses
  • Surveillance footage from nearby cameras
  • Vehicle damage assessments
  • Medical reports and statements from healthcare providers

Analyzing Traffic Laws

Determining fault often involves analyzing whether any traffic laws were violated. Common traffic violations include speeding, running a red light, failing to yield, and distracted driving. 

Proving that a driver violated traffic laws can significantly impact the determination of fault. It may establish negligence per se, reducing the amount of evidence necessary to establish causation for the accident.

Expert Testimonies

In complex cases, experts such as accident reconstruction specialists may be brought in to analyze the accident. These experts use evidence from the scene, vehicle dynamics, and physics to reconstruct how the accident occurred and determine fault.

Experts may also be necessary to determine future economic harm you will suffer, medical assessments of your injuries, and much more.

Pursuing Additional Compensation

If your damages exceed the limits of your PIP coverage, or if you suffered serious injuries, you may pursue additional compensation by filing a claim against the at-fault driver’s insurance. Serious injuries, as defined by Florida law, include:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Significant and permanent scarring or disfigurement
  • Death

When these occur, you could be entitled to past and future medical expenses, property damages, lost income or future earning capacity, pain and suffering, and much more. 

Get Help with Personal Injury Protection (PIP) Claims After a Car Accident

Working through the fault determination process can be complex and challenging, especially if multiple parties are involved. Consulting with a personal injury attorney can provide valuable guidance. An experienced Florida car accident attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.Let the car accident attorneys at High Stack Law assist you. Contact us today for a consultation of your case.