Call Now For A Free Consultation 24/7 (941) 954-1234

How Does An Accident Lawyer Prove Fault In Personal Injury Cases?


Florida is one of the most beautiful and enjoyable states in the nation. With great weather, wonderful beaches, and plenty to see and do, it’s not hard to see why so many live here – and why so many more come to visit every year. But when you’ve been injured in an accident, it can be difficult to enjoy anything about your daily routine. Not only can your physical health keep you down, but the stress that comes from financial hardships is even more difficult to manage.

That’s why so many people end up turning to a personal injury lawyer. These professionals can help represent you and ensure that you get the compensation that you deserve. It’s far too common to assume that just because you’re being offered a settlement that you should take it immediately and forego the advice of an attorney. But when you consider that those settlement offers are usually akin to hush money given to you to end your chances of seeking any further compensation, it becomes clear that speaking with a lawyer is a good idea.

To get you what you’re owed, an accident lawyer has to prove fault. This means that they have to show that the other party was acting in a negligent or reckless manner and that those actions led to your injuries. This could include a wide range of things including:

  • • Driving while intoxicated
  • • Texting while driving
  • • Speeding
  • • Driving without a license
  • • Operating machinery that they weren’t qualified to operate
  • • Knowingly ignoring safety risks
  • • And more

While accidents related to motor vehicles are usually a bit easier to prove fault in, it’s still possible for your attorney to decide that you have the right to seek compensation for a slip and fall accident. Depending on the situation, your attorney may utilize a number of different tools to prove fault. Some of the things they could use include the following.

  • • Eyewitness testimony gathered by officers or gathered after the accident occurs.
  • • The help of accident reconstruction experts to recreate the accident.
  • • Reviewing traffic reports or police reports filled out at the scene
  • • Black box data recorders in vehicles are often utilized
  • • Viewing security footage from surveillance cameras near the accident site
  • • Reviewing past complaints or history of drivers or properties
  • • Obtaining and reviewing cell phone records
  • • And much more

The key thing to understand here is that a good lawyer will have far more tools and resources at their disposal than you would on your own. This is the key reason that trusting in the professionals is so important. There’s a slim chance you can call on a private investigator or an accident reconstructionist, or obtain cell phone records. But your attorney can do so with relative ease and use the information to move your case forwards.

It’s also important to remember that in most personal injury cases your attorney won’t even end up proving fault in a court. That’s because once you have an attorney on your side, the odds are that the other side will want to settle for a fair amount instead of going to court. Just having representation is often enough to help move your case forwards dramatically. Being able to prove fault is important, but out of court settlements are far more common once it’s established.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

How Does An Accident Lawyer Prove Fault In Personal Injury Cases?

Goldman Babboni Fernandez
Murphy & Walsh




Attorney Case Review
Get The Justice
You Deserve

Free Attorney Consultation

Law offices
Near you

Serving All Of Southwest Florida