How to Prove Fault in a Car Accident

For a lot of car accidents in Florida, it doesn’t matter which driver is at fault. Florida’s “no-fault policy” means that the victim’s insurance carrier, rather than the driver at fault, is usually responsible for providing compensation. Drivers in the State of Florida are required to carry $10,000 of Personal Injury Protection (PIP).

However, injuries caused by car accidents often exceed the scope of PIP, which only covers a percentage of the real cost. If an accident has left you with severe injuries and mounting hospital bills, a personal injury lawsuit may still be an option.

The success of your case can depend on what you do right after a car accident. Learn what steps to take, and you’ll be prepared when an accident happens.

First step: Gather evidence

The moments after a car accident can be chaotic, but what you do now can determine what happens later. Once help is on the way, take these steps:

  • Report the accident to the police. After a report has been filed, ask how you can get a copy of it. A police report can help your case, even if it doesn’t state who was at fault.
  • Take photos of the accident scene. This includes injuries caused by the collision, damage to the vehicles involved, or damage to nearby objects such as road signs or rails.
  • Talk to witnesses. Get the contact information of people who witnessed the accident, and ask what they saw.

If you’re too injured to do these things, ask someone to do it for you. But don’t delay. A successful personal injury case requires evidence, and the longer you wait to get it, the less of it you’ll have.

Second step: Arguing your case

In court, you’ll have to prove that you’re entitled to compensation. This means proving:

  • That the other driver was at fault. If you were partially at fault, your compensation may be reduced.
  • That the other driver was negligent. Negligence includes driving too fast, ignoring traffic laws, or driving while intoxicated.
  • That your injuries were caused by the accident and not by something else.
  • That your injuries are severe, extensive, or permanent.

Establishing fault can be challenging after a car accident. If you have questions or concerns about your own case, contact our offices for a free consultation today!