Proving Fault in a Car Accident Case

Proving Fault in a Car Accident Case

Proving Fault in a Car Accident Case

Car accidents can happen in the blink of an eye and typically result in severe injury and damage. The Florida Highway Safety and Motor Vehicles Department reports that over 395,000 car accidents happen in Florida each year. With the high prevalence of car accidents, it’s essential to know the ins and outs of personal injury law and negligence.

Car accidents can be complicated, and determining fault even more so. If you were in a car accident and you believe another person’s carelessness caused the crash, he or she could be considered at fault. On the flip side, if you caused the accident, you would be at fault.

Collisions aren’t always so black and white, though. Often there are a number of factors that come into play when an accident occurs, so determining fault in order to file a claim is a tricky process. Proving fault requires patience, proof, and determination. Here are some things to consider when you want to determine responsibility in a car accident case.

Witness Statements

If your car accident happens in a populated area with other drivers and pedestrians around, you will benefit from witness statements. Witnesses may be able to provide information leading up to the accident as well as the crash itself. They are useful to determine who was really at fault for the accident.

Obtain the contact information of any witnesses in the area and keep it in a safe place. Soon after, your Orlando auto accident attorneys can contact them to build their case.

Photographic Evidence

You should always be sure to document the scene of the accident through a photo or video. Take pictures of the vehicles, the road, and any other damaged property resulting from the crash.

Concrete evidence such as this will eliminate the “he said, she said” aspect of an accident and offer insight into what exactly happened.

The Type of Accident

There are some types of traffic accidents where one person is almost always at fault. These are called “no-doubt liability” accidents and often provide a clear-cut answer as to who was at fault. For example, if you were rear-ended by another vehicle, you likely will not be at fault. There are some exceptions to these accidents, so it’s best to speak to a lawyer before taking action.


If you are injured in a car accident that wasn’t your fault, you may be able to file a claim against the other driver and their insurance company to receive compensation. The amount of compensation you can potentially receive is directly connected to who was at fault.

Florida follows comparative negligence, which means that a victim’s compensation may be reduced by his or her percentage of the fault during the accident – as long as your percentage of fault is at or below 50 percent. If you do not have sufficient proof of your innocence, you may end up receiving less money.

The best thing to do when you are involved in a car accident and need to prove fault is to contact an experienced personal injury lawyer. He or she can help you build a case against negligent drivers and take on the insurance company to get you the compensation you are entitled.

The Umansky Law Firm is made up of determined Orlando personal injury lawyers dedicated to helping you receive justice. We have over 100 years of combined experience and aren’t afraid of a challenge. If you were injured in a car accident and you want to hold the other party accountable, call us today. Our phones lines are open 24/7.

Proving Fault in a Car Accident Case