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How To Prove Fault In A Car Accident


When you’ve been in a car accident, you need to prove fault in order to receive fair compensation. This is especially important in the state of Florida, which is a shared fault state. That means even when the defendant was at fault for the accident, you will split the liability based on the percentage of the fault. So you need to make sure that you are doing everything you can to prove that the other driver was more to blame than you for the accident.

How Split Fault Works

Split fault is basically the assumption that no matter the circumstances of the accident, both parties have some liability. Based on the evidence presented the court will determine what percentage each party was at fault which will determine the value of the claim. For example if the claim is valued at $100,000 and the court finds that you were 20% at fault for the accident, you will only receive 80% of the claim, valued in this case at $80,000. When working to prove fault in your accident, you will need to not only prove the defendant was responsible for the accident but also look for ways to release you of liability.

File A Police Report

As soon as you are in an accident, if your injuries aren’t so severe that you need emergency medical service, contact the police. The police will document details about your accident, talk to witnesses, and file a report. In this report they will also state the officer’s opinion on who was at fault in the accident. In cases where one of the parties broke the law, the officer will also document any citations he issued in the police report. The combination of the details of the accident, any citations, and the officer’s opinion can be used to prove the other party was at fault. So after your accident, make sure you contact the law enforcement agency that documented the crash and get a copy of the police report to present to the insurance companies and court.

Collect Evidence Immediately After The Accident

You will also want to try to collect as much evidence as you can after the accident. Take photographs of the scene of the accident, your vehicle, and the other driver’s vehicle. You will also want to get the contact information for any witnesses of the accident and any police officer that reports to the scene. Photographic evidence and witness testimony go a long way to prove your claims. So try to collect as much evidence as you can at the time of the accident.

Know The Local Traffic Laws

One of the best ways to prove that the other driver was at fault is to show they were breaking the law. So you will want to review Florida’s state traffic code that you can find here. If you can find that the driver was violating the law because they were speeding, made an illegal turn, or did not follow traffic signs or signals, you will be better able to prove your case.

How An Accident Attorney Can Help

An accident attorney is experienced in gathering and examining evidence to prove your case. They will know exactly what documentation you need to collect, will interview police officers and witnesses for important testimony, and look over the circumstances of the accident to determine fault. Beyond just proving fault an attorney can negotiate your settlement to make sure that you get fair compensation for your injuries and vehicle damages.

A qualified attorney is your best ally in proving fault in your accident case. With over 150 years combined experience representing Floridians in car accidents, we know exactly how to prove fault so you get a fair settlement. With Florida’s split fault laws you don’t want to go it alone. Instead contact us today for a free consultation to see how we can help you.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

How To Prove Fault In A Car Accident

Goldman Babboni Fernandez
Murphy & Walsh




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