How is Fault Determined in a Car Accident?
A car accident can leave you scrambling to deal with the aftermath of unexpected losses. Car accidents result in life-changing damages, ranging from serious and permanent bodily injuries, loss of property, and even potential death. Determining fault in a car accident context is a crucial aspect of the initial claims process, and fault determination heavily influences the outcome of any insurance claim, influences the legal responsibilities of the parties involved, and financial liabilities of the parties involved. Understanding how fault is legally determined can help you effectively navigate the initial aftermath of a car accident.
This article breaks down the key factors and processes involved in properly determining the application of fault, following a car accident.
Florida's Comparative Negligence Laws
Florida passed tort reform bill (HB 837) has brought significant changes to the state's civil litigation landscape. With HB 837, Florida’s tort system switched from a pure comparative negligence tort system to a modified comparative negligence tort system. This means that if you are partially at fault for causing an auto accident, you can still seek compensation for your damages, however, if you are more than 50 percent at fault for causing the auto accident, then you are legally barred from any potential recovery for your damages, under the newly adopted modified comparative negligence system in Florida. If you are less than 50 percent at fault for causing the accident, then your total compensation is ultimately reduced by your percentage of fault.
Here are the key points to consider:
Calculation of Damages
In a lawsuit, the court or jury determines the total amount of damages and the percentage of fault attributed to each party. The plaintiff's total recovery is then reduced by plaintiff’s apportioned percentage of fault. For example, if a plaintiff is awarded $100,000 in total damages, but the plaintiff is 30% at fault for causing the accident, the plaintiff would ultimately receive $70,000 in this scenario.
Joint and Several Liability
Florida does not follow the traditional joint and several liability rule. Instead, each defendant is only liable for their attributed percentage of fault. This means that if multiple parties are legally responsible for causing the plaintiff's injuries, then each party is legally responsible for only their apportioned share of the damages.
Application in Court
Comparative negligence is often raised as a legal defense in personal injury lawsuits. If the defendant can prove that the plaintiff's negligence contributed to plaintiff’s resulting injuries, the plaintiff's compensation will also be reduced by the percentage of plaintiff’s negligence.
Understanding the concept of comparative negligence is essential for anyone involved in a personal injury case in Florida. Comparative negligence ultimately affects the amount of total compensation an injured party can receive, and how fault is determined among the involved parties.
Key Factors in Determining Fault
1. Police Reports
When an accident occurs, law enforcement officers often arrive at the scene of the accident to document the incident. Officers usually prepare a police report which includes:
Witness statements: Accounts from people who saw the accident can provide unbiased perspectives.
Evidence at the scene: Skid marks, vehicle positions, and road conditions are meticulously noted.
Traffic law violation: Any citations issued for traffic violations (e.g., running a red light) can be powerful indicators of fault.
BWC: Most officers utilize body worn cameras when responding to the scene of an accident.
Police reports are often influential in the fault determination process, but are not definitive on their own. Additionally, police reports are usually inadmissible, so if your case proceeds to litigation, then the police report does not serve as legal evidence in the litigation process.
2. State Traffic Laws
Each state has its own traffic laws, which can significantly affect fault determination. Understanding these complex laws helps in evaluating actions including:
Right-of-way rules: Determining who had the legal right to proceed.
Speed limits: Whether any driver was speeding, and the extent to which speed played a role in the accident.
Signal use: Proper use of turn signals and adherence to traffic signals.
Traffic lights: Disputes regarding which party had a red light, or a turn arrow are common issues that affect determination of fault.
Violations of traffic laws are powerful indicators of fault, and insurance companies and courts use violations of these laws to help assess legal responsibility for the accident.
3. Evidence from the Scene
Collecting evidence immediately after an accident is crucial to a successful outcome. Important types of evidence include:
Photographs and videos: Capturing vehicle damage, points of vehicle impact, road conditions, and applicable traffic signs.
Eyewitness testimony: Statements from bystanders and witnesses serve as crucial evidence in determining fault.
Surveillance footage: Nearby security cameras, or dash cams can offer invaluable insight into how the accident actually occurred.
4. Vehicle Damage Analysis
The location and extent of vehicle damage provide valuable insight into how the accident actually happened. For instance:
Rear-end collisions: Typically, the driver who rear-ends another vehicle is presumed to be at fault for causing the accident. This presumption is rebuttable, however.
Side-impact collisions: Side-impact collisions are frequently examined, alongside traffic signals and signs and point of vehicle impact, to determine proper application of liability.
5. Insurance Company Investigation
Insurance adjusters play a critical role in determining fault, at least initially. They will:
Review the police report and witness statements: To understand the facts and circumstances of the accident.
Inspect vehicle damage to correlate it with the reported events.
Assess medical reports: Bodily injuries sustained can sometimes indicate the severity, causation, and angle of impact.
Take recorded statements of the insureds, witnesses and third parties. As a general rule, do not give statements to any insurance company or other party without the presence and assistance of legal counsel.
Insurance companies use their initial findings to determine fault and in their decision to settle claims, although insurance company conclusions are often contested, which results in cases proceeding to litigation.
6. Legal Considerations and Court Judgments
In complex cases, the matter may inevitably proceed to court. Here, fault is determined based on various factors including:
Legal arguments: Lawyers present evidence regarding liability and damages.
Expert testimony: Accident reconstruction experts might be brought in to provide professional insights regarding how the accident occurred, and regarding any relevant data obtained from the vehicle’s black box/inspection.
Comparative fault: Some states follow comparative fault rules, where fault is distributed among involved parties based on their apportioned degree of legal responsibility.
How to Avoid Accidents
Avoiding car accidents involves a combination of defensive driving techniques, regular vehicle maintenance, and adherence to state traffic laws. Here are some detailed tips to help you stay safe while on the road:
1. Stay Focused and Avoid Distractions
Refrain from using your cell phone: Avoid texting, calling, or using apps, while operating your vehicle
Avoid Eating and Drinking: Eating or drinking can divert your attention from the road, and other drivers/pedestrians/conditions.
Limit Passenger Distractions: Keep conversations with passengers to a minimum, avoid reaching into the backseat while driving, and avoid any activities which distract you from safely operating your vehicle.
2. Follow Traffic Laws and Signals
Obey Posted Speed Limits: Adhere to posted speed limits and adjust your speed according to changing road conditions.
Use Signals: Always use your turn signals to indicate your intentions to other drivers.
Fully Stop at Red Lights and Stop Signs: Ensure complete stops at red lights and stop signs, and look both ways before proceeding.
3.Maintain a Safe Following Distance
3-Second rule: Keep at least a three-second gap between you and the car in front. Increase this distance during bad weather or heavy traffic.
Adjust for speed and conditions: Increase following distance when driving at higher speeds, or in poor weather conditions, like rain, snow, or fog.
4. Drive Defensively
Be aware of other drivers: Anticipate the actions of other drivers and be prepared to react quickly.
Avoid aggressive drivers: If someone is driving aggressively, let them pass and do not engage.
Yield to right of way: Always yield to pedestrians, and other vehicles, especially when required.
5. Stay Alert and Well-Rested
Avoid Drowsy Driving: Do not drive if you are feeling sleepy or fatigued. Take regular breaks during long trips.
Stay Sober: Never drive under the influence of alcohol, drugs, or prescription medications that may impair your ability to safely operate your vehicle.
6. Maintain Your Vehicle
Regular Inspections: Have your vehicle regularly inspected and maintenance by a professional.
Check Tires and Brakes: Ensure your tires are properly inflated and ensure that your brakes are functioning correctly.
Keep Lights and Signals Working: Regularly check that all lights, including headlights, brake lights, and turn signals, are fully operational.
7. Adjust for Weather Conditions
Slow Down in Bad Weather: Reduce your speed in rain, snow, fog, or icy conditions.
Use Headlights: Use your headlights in low visibility conditions to increase your visibility to others.
Avoid Sudden Movements: Make gradual movements when steering, accelerating, or braking in slippery conditions.
8. Avoid High-Risk Areas and Times
Be cautious in high-traffic areas: Pay extra attention in areas with heavy traffic, or where accidents are common.
Avoid driving during rush hour: If possible, avoid driving during peak traffic times.
9. Stay Informed and Educated
Take defensive driving courses: Enroll in defensive driving courses to enhance your driving skills.
Stay Updated on road conditions: Check for traffic updates and road conditions, before starting your trip.
10. Use Technology Wisely
GPS and navigation systems: Use GPS to plan your route in advance, but avoid adjusting settings while driving.
Lane departure and collision warning systems: Utilize advanced safety features if your vehicle is equipped with these features
Safety should always remain your top priority when you are operating your vehicle on the road.
Determination of fault following a car accident, involves a combination of police reports documenting the loss, analysis of relevant state traffic laws, collection of evidence from the accident scene, expert vehicle damage analysis, collection of black box and vehicle data, analysis and collection of witness statements, and insurance company investigation.
Understanding these various factors can help you better navigate the aftermath of an unfortunate accident. By staying knowledgeable and promptly taking action following an accident, you can help ensure a potential fair and accurate determination of fault, and help protect your legal rights and interests.
If you have been injured in a car accident, you may have a claim against the driver of the other vehicles involved, and other negligent parties involved in the collision.
Call or Text the Daniel Sagiv Law Group at 561-569-1387.
