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The Basics Of Determining Fault


Between 650 and 730 auto accidents happen in Florida every single day – roughly 250,000 per year, on average. That’s an incredibly high number, and with Florida’s unique PIP insurance laws in place it can be difficult to get financial compensation in the amount that you really deserve following an accident. The primary focus will be on determining who was at fault – you or another driver. Sometimes a wide range of different variables can come into play where fault is concerned, but it’s important for you to spend a few minutes and truly understand the basics of determining fault.

After an accident, an insurance company will usually send adjusters and claim experts to review information. In some instances they may send a lawyer or an investigator working for their attorney. Things that these experts will look at will include things like police reports, witness statements, and photos of the accident scene to determine potential fault.

You need to do the same, of course. Having a competent law firm send an attorney or an investigator to look into the accident is vital for making sure your rights are represented. Failing to do so will mean you’re much more likely to be taken advantage of.

By using police reports, witness statements, photos, and other information, fault will be determined. There will be two options here:

  • Determine which motorist was breaking applicable traffic laws leading to the accident.
  • Determine if negligence or recklessness on the part of either motorist lead to the accident.

In the first case, investigators will look at whether or not any traffic laws were violated. Things like driving drunk, speeding, or driving on the wrong side of the road could be enough to determine which party is at fault and will make the case much more cut and dry.

But in the second instance, determining whether or not reckless or negligent actions led to the accident, things can get more difficult. Determining this means taking a close look at evidence to figure out if a motorist did anything that was reckless or knowingly hazardous. This could be something to do with their driving, but could be something like failing to put new tires on a vehicle and driving with tires so bald that they were a serious liability.

A good lawyer will be able to examine information and quickly make a determination about who is likely at fault. If it’s the other part and you have been injured due to the accident, you may be owed compensation.

We help our clients win millions in settlements each year, and have law offices set up throughout the state to ensure that you get the help you need whenever and wherever you need it. Office locations include Sarasota, Bradenton, St. Petersburg, and several others. And with more than 100 years’ experience in accident law, our team is among the most experienced in the entire country. If you’ve been injured and need help determining what your rights are and whether or not you’re owed compensation, don’t hesitate to contact us today and get a free consultation.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

The Basics Of Determining Fault

Goldman Babboni Fernandez
Murphy & Walsh




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