Did you know that according to the National Highway Traffic Safety Administration (NHTSA), at least one car accident happens every 60 seconds? One of the first questions that springs to mind is “Who was to blame for the accident?”
It’s a natural question that sets into motion a whole host of issues. It’s never as simple as you might think, and all parties have their own version of what happened and why. The aftermath of a car accident can be a stressful and chaotic time.
Understanding the laws surrounding car accidents in Fort Lauderdale will help ensure you’re informed as you move forward. Having the necessary information and a general understanding of what’s happening in your case can help give you back some control and confidence.
Now, let’s find out how to tell who is at fault in a car accident.
Table of Contents
- Why Is Determining Fault in a Car Accident Important in Fort Lauderdale?
- What Is the Difference between No-Fault and At-Fault?
- Who Determines Fault for a Car Accident in Fort Lauderdale?
- How Is Physical Evidence Used to Identify the At-Fault Driver in Fort Lauderdale?
- What Happens If You’re at Fault in a Car Accident in Fort Lauderdale?
- How Do You Prove You’re Not at Fault in a Car Accident in Fort Lauderdale?
- BK Law Is Here to Help after Your Fort Lauderdale Car Accident
Why Is Determining Fault in a Car Accident Important in Fort Lauderdale?
Identifying who is at fault in the event of a car accident helps to determine who will be responsible for payment and how the payment amount will be apportioned. Car insurance companies, lawyers, and courts rely on this information to properly assess and resolve your case. Even though the insurance companies have internal processes to confirm the determination, you can help speed the process and ensure accuracy by hiring a personal injury lawyer who knows how to tell who is at fault in a car accident. Your lawyer will handle discussions with the insurance company and advocate for you. It’s in the insurance company’s interest to try to lay as much of the blame on you as possible to reduce the amount of the final payout. Having a strong Fort Lauderdale personal injury lawyer to handle the insurance company can help ensure you get fair treatment.
What Is the Difference between No-Fault and At-Fault?
There are two types of insurance systems states use when it comes to car accidents: no-fault and at-fault. If you live in a no-fault state (which Florida happens to be), you’ll have a more straightforward process of resolving your case. Generally, both crash victims will receive compensation from their own insurance companies. No-fault states like Florida require every driver to carry personal injury protection (PIP) as part of their driver’s insurance. In the event of an accident, drivers turn to their PIP to cover the costs of injury. Florida and other high-traffic states enacted this no-fault law to remove strain on the court system. Other states operate under an at-fault insurance system. Under the at-fault structure, the driver who caused the accident is responsible for paying damages. Often, you’ll find that this is resolved between the insurance companies. The person determined to not be at fault will receive compensation up to the policy limit of the other driver. The downside to the at-fault system is that the person deemed “innocent” can sue whoever is at fault if they feel that the insurance payment wasn’t enough to cover any other damages sustained. This can be complex, especially if one or both drivers weren’t insured. This type of system can result in a lengthy legal process, which is why some states, like Florida, have chosen a different route.
Who Determines Fault for a Car Accident in Fort Lauderdale?
When it’s not immediately obvious who is at fault in an auto accident, things can get complicated. Every party involved in the accident could have a different version of what happened. The police, insurance companies, and the courts may all play a part in the ultimate conclusion. Just remember that, if you and your attorney disagree, you can make a case arguing for a different assignment or apportionment of fault. Until a settlement is signed or the final verdict issued, the determination of fault isn’t set in stone.
Police Reports
Once a car accident is reported, police will come to the scene where they’ll fill out a police report of what happened. They’ll talk to the drivers and passengers involved, as well as any witnesses who may have seen the accident. The police then pull the information together into an accident report that details the accident. Based on what the police were able to gather from the evidence at the scene, their report may contain statements that allude to who may have been at fault; it’s not the police officer’s responsibility to determine fault for legal purposes. Similarly, the police may issue a traffic citation, which might suggest fault and may be used as evidence, but again, the citation isn’t the final word.Insurance Companies
After a claim has been filed, insurance companies send out adjusters to investigate the accident and make a determination of fault. The adjuster will consider a variety of information during their research, including witness statements, medical reports, vehicle damage, and insurance policy details. The company will then determine the percentage of fault for each driver based on the information they reviewed. However, you can always disagree with the finding. This is where having a personal injury lawyer representing you can make a big difference. A lawyer will be able to push back against a finding of fault that isn’t in line with what you believe it should be.Courts
If your case goes to court, the court will consider your argument and testimony from witnesses, such as the police, doctors, and other experts. The court will then determine fault based on the evidence brought forth. The court’s decision is a binding ruling.
How Is Physical Evidence Used to Identify the At-Fault Driver in Fort Lauderdale?
One of the best tools for determining fault is the physical evidence at the scene of the accident. That’s why one of the first things you should do is take photos of both your vehicle and the other driver’s vehicle. These photos can help support your testimony and provide valuable insight to police and insurance agencies. But wait…You’re probably wondering — how would vehicle damage be able to show you what happened at the time of the crash? Well, there’s science involved. A lot can be concluded from the damage itself, as well as the location of the damage on the vehicle. Below, we’ve listed just a few examples of damages and what they can reveal:
- Shattered glass: The glass's direction and shape can help illustrate the speed of the crash and the direction the driver was heading. This can be used to further corroborate and solidify the testimony of both drivers.
- Chipped paint: Paint chips can also illustrate the direction of the crash and the speed at which both drivers were going.
- Blood spatters: An unappealing but necessary mention. Blood spatters, along with other bodily fluids, can show how the crash happened, the location of the hit on the body, and how hard the body was hit. This can illustrate the speed and direction of the crash as well.
- Tread and tire marks: On scene, there might be tire marks from quick braking to avoid a crash. This can show examiners the average speed and whether or not the at-fault driver attempted to slow down. This can also reveal reckless driving.
What Happens If You’re at Fault in a Car Accident in Fort Lauderdale?
When you’re considered to be at fault, it can be really overwhelming. Understandably so—car accidents are never easy to deal with. The good thing is that drivers in Fort Lauderdale are often more protected than drivers in other states, thanks to Florida’s insurance coverage requirements for personal injury protection. Usually, that allowance will be enough to cover the physical and material damages from the accident. So, if you’re at fault, you’ll report it to your insurance company and your payout will be distributed at rendering of medical services. That’s usually where the process stops unless one of the drivers decides to sue. The main reason for suits in Fort Lauderdale is because the driver disagrees that the coverage is enough to pay for the extent of damages—physical or otherwise. A judge will review your case and provide a ruling based on the available evidence if a suit is filed. If you have to go through the legal resolution process, your next best step is to contact a Fort Lauderdale car accident lawyer.
How Do You Prove You’re Not at Fault in a Car Accident in Fort Lauderdale?
You can prove you aren’t at fault in your accident case using the evidence that’s available. If you’re in an accident, work through the following steps to help determine fault accurately:
- Work with local law enforcement and responding officers to ensure your testimony is taken down correctly. Cover all relevant details leading up to the time of your crash.
- Take pictures immediately of the other driver’s insurance card and license, damage to the vehicles, and bodily injuries.
- Speak to a personal injury attorney to determine potential pitfalls or liabilities
To learn more, schedule a free consultation with us today.
BK Law Is Here to Help after Your Fort Lauderdale Car Accident
Looking for car accident help in Fort Lauderdale? The experts at BK Law are here to help. Our attorneys have years of success and experience navigating complex car accident cases and can bring your case to a positive resolution. We know this is a tough time. Don’t get bogged down with the details of haggling with insurance companies and dealing with paperwork. Leave all that to our Fort Lauderdale car accident attorneys at BK Law. You focus on recovery—we’ll handle the legal issues. Don’t wait to call us. The state of Florida limits the amount of time you have for filing a lawsuit after a personal injury like a car accident. This limit is aptly called the statute of limitations, and in Florida, it runs out four years from the date of the accident (two years if it’s a wrongful death case). Once the clock runs out, you can no longer seek relief, so be sure to get the ball rolling as soon as possible. You’d be surprised at how quickly the time can go when you’re trying to gather evidence, track down witnesses, and negotiate back and forth with insurance companies. You never have as much time as you think. Contact us to book your free consultation. Discuss your case with our personal injury team and let’s make sure you come out of this situation well and can get back to your life. Call today.
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