Florida Auto Accident: How is Fault Determined

We’ve had a number of potential clients ask what seems like a simple question at first glance: "How is fault determined in a Florida car accident?" It's a great question, and one that’s extremely relevant to the outcome of any case. The answer, however, is not always straightforward. 


At its heart, determining who's at fault in a Florida car accident is a matter of investigating and determining which party was careless—or negligent, to use the legal term. This is called liability. 


How Negligent Driving Contributes to Liability

Sometimes, determining who's liable for an accident is easy. Here’s an example. We had a client recently who ended up getting a good settlement. She was sitting at a red light, minding her own business at a complete standstill, and was hit incredibly hard from behind by the defendant. In that situation, determining liability is simple. After all, she played no part in the accident—she was at a complete standstill at the red light. And there you have it: the person who hit her is 100 percent responsible for her damage. If only it were always that simple!


Sometimes, a defendant or a responsible party may have acted carelessly, but the situation isn't as clear cut. Why? The plaintiff may share a little bit of fault. Something about her driving pattern, something about her speed, or any other potentially negligent behavior that contributed to the accident could make her partially responsible. 


If there is negligence on the part of both parties in a Florida car accident, the party that was careless to some degree will have their compensation reduced to the extent that such carelessness was also responsible for the accident. But that doesn't mean they don't get any compensation. You may still be entitled to damages, which is why it’s essential to seek legal counsel even if you believe you were at fault for an accident.


Were You in an Auto Accident? 

If you have questions about liability in your Florida car accident, or want to know more about how fault can be determined in your Florida car accident, give the lawyers at the Law Offices of Joseph A. Bosco a call. We'll be happy to discuss your case with you and answer any questions you may have. Contact us today.

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