February 9, 2015
No one ever expects to get in a car accident. Crashes happen suddenly and without any warning; leaving the victims feeling confused and dazed.
Determining fault in a car accident is not always a cut-and-dry process. Either a judge or insurance claims adjuster, who looks at all of the evidence, decides who was at fault. Police statements, eyewitness accounts and each party’s personal testimonies are taken into account to determine who is to blame.
What is at Fault?
When a person is found at fault for an accident, they are determined to be responsible for the crash. This means they are the ones who must pay, or have their insurance pay, for the damages resulting from the crash.
In order to prove that someone was at fault for an accident, it must be proven that they were acting negligently. Everyone on the road has a duty to act in a way that will not foreseeably harm others. Anyone who breaks this duty by not following the traffic laws may be found at fault for the accident.
After an Accident
Immediately after a car accident, it is important you protect yourself against being found at fault. Taking a picture at the scene of the crash and finding eyewitnesses can help the police determine who was responsible for the crash. You should also write down everything you remember about the crash as soon as it happens. As time goes by, important details can become fuzzy and memories clouded. Writing it all down will help you remember all of the facts.
Also, avoid admitting fault to police. Give them the facts about everything that happened, but let them arrive to the conclusion of who was at fault on their own. You may think you are at fault when it was in fact the other driver’s mistake. You are most likely unaware of the true cause of the accident. Do not incriminate yourself by saying “it was my fault” when the police arrive.
Comparative Negligence
Fault is not always black-and-white in a car accident. There are many factors that may put both drivers at blame for the crash. This is why Florida uses a comparative negligence system to determine who was at fault for a car accident. In this system, each driver is given a certain degree of responsibility for an accident.
For example, lets say Kayla is texting while she drives down the road and Danny is driving closely behind her. Kayla was not paying attention, so she has to stop short so she does not run a red light. Danny then slams into the back of Kayla’s car. The judge might find Danny at fault for the accident, but claim that he is only 60 percent at fault. Kayla is found 40 percent at fault because she was texting while driving and stopped short. In this case, Danny will only have to pay 60 percent of Kayla’s damages.
Call the Attorneys You Can Trust
If you or a loved one has been injured in a car accident, then contact the Khonsari Law Group today! Our dedicated team will fight vigorously on your behalf to ensure you receive the compensation you deserve. Call KLG today for a free consultation on your case.