What Is Fault In An Auto Accident Case?

Fault refers to who is to blame for the accident that occurred - and thus, who is responsible. Determining fault in an auto accident case is the key to being able to seek compensation. You must be able to prove that the other party acted in a way that was negligent or reckless in order to seek restitution from them. This can include a wide range of different things such as:

  • Speeding
  • Unsafe driving
  • Driving while intoxicated
  • Failure to obey traffic laws
  • Failure to maintain a vehicle for safety
  • And more

If a reasonable person would consider someone's actions to be reckless or negligent, there is a good chance that this is what the courts will find as well. Our attorneys will determine who is to blame and then get you the compensation that you deserve following an auto accident.

How Long Do I Have To File A Claim?

Florida laws vary depending on your location and the nature of the accident as to how long you have to file a claim. Talking to our attorneys will help make sure that you aren't past the statute of limitations, which is generally two years.

However, it's important to understand that waiting too long to file a personal injury lawsuit means that it will be harder to get compensation or show that your injuries are related to the accident at all. The faster that you act when filing a claim, the more likely it is that you will be able to show that your injuries were sustained in the accident - and the more likely that you'll get the compensation that you deserve for your injuries.

How Does My Attorney Prove Fault?

Proving fault isn't always easy, and in some instances it will take time and a considerable amount of effort. Our lawyers will use a variety of different tools and resources to prove fault in your case. Some of the different ways we go about doing it include the following.

  • Cell phone records
  • Security camera footage
  • Witness statements
  • Accident reports
  • Black box data records if available
  • Accident reconstructions
  • Photos of the accident scene
  • Driver histories
  • And more

No matter the specifics of your case, we work with various experts in order to pool together all the information needed to prove that the other party was at fault and that you are owed compensation. Our experience means that we have contacts in several fields, which we will call upon if needed to help us compile proof. We use this information to build your case, and then fight to make sure that we get you the compensation you deserve.

What Will My Case Be Worth?

No two cases are the same, and each personal injury lawsuit is unique in terms of proving fault as well as in what you might potentially be owed. It's impossible to say what your case could be worth without properly reviewing all of the specifics of it.

However, there are some factors that will have a significant impact on your case's value including:

  • Medical bills
  • Future potential medical bills
  • Lost wages
  • Future potential lost wages
  • Property damage
  • Pain and suffering
  • Punitive damages

Our lawyers consult with experts to determine the true, overall, long term costs of your accident. Then, we go about fighting to get you what you're owed based on that amount. It's important not to accept settlements until our legal team reviews your case since it is common for the injured to be offered settlements far less than they truly deserve.

What Should I Do After An Auto Accident?

After an accident, your safety is of the utmost importance. However, there are additional steps that you will need to take in order to make sure that you protect your rights and ensure that you get the settlement you deserve. Steps you'll want to take include:

  • Seek medical attention for your injuries
  • If possible, take photos of the accident, your injuries, and any other proof you may have
  • Get information on any potential witnesses if possible
  • Keep records, receipts, and copies of all expenses related to your accident
  • Make note of all days of work missed because of your accident
  • Contact our personal injury lawyers as soon as possible

Don't make the mistake of talking to insurance companies or lawyers for the other side until you speak to us first. We'll make sure that you get the compensation you deserve and that you don't end up costing yourself money.

Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


Law Offices Near You

Sarasota Office

Sarasota Personal Injury Law Office


2822 University Parkway Sarasota Florida 34243

Bradenton Office



1215 Manatee Ave West Bradenton Florida 34205

St. Petersburg Office

St. Petersburg


6446 Central Avenue St. Petersburg Florida 33707

Lakewood Ranch Office



9040 Town Center Pkwy, Lakewood Ranch Florida 34202

Venice Office



3986 S. Tamiami Trail Venice Florida 34293

Englewood Office



2960 S. McCall Rd Englewood Florida 34224

Punta Gorda Office

Punta Gorda


122 Nesbit St, Suite 113, Punta Gorda Florida 33950

Port Charlotte Office

Port Charlotte


3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office



10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers


8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office



5137 S. Lakeland Dr. Lakeland Florida 33813

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