Determining Fault for a car accident can be a challenging process. Under Florida law, it’s a necessary part of any personal injury claim.

Florida uses a pure comparative negligence system, which means all parties to the accident could bear some percentage of fault. The amount of money you could recover for your injuries may be reduced by the amount of fault assigned to you. This system has been in place in the state since 1973 and exists because not all accident cases are clear with regard to who was at fault.

For example, if you were determined to be 20 percent at fault for a crash, you would only receive 80 percent of the total amount of money you could have earned had you not shared any degree of responsibility for the accident.

Establishing negligence in Florida

Florida courts use the following standards to establish negligence:

  • The party who injured you had a duty of care to behave as safely as possible and not injure you and failed to meet that duty.
  • The duty of care that individual owed was related to your injury.
  • The failure to meet that duty of care resulted in your injury and subsequent losses.

Proving fault is often the most difficult aspect of any auto accident claim. You can help support your case by taking photos of the accident scene, getting witness information and being consistent with your answers to questions about the accident when speaking to insurance adjusters and law enforcement officers. You should also speak with a personal injury attorney as soon as you can.

To learn more about determining fault and filing a personal injury claim after a Florida car accident, consult an experienced attorney at Serrano | McGuire. Call our firm at our Wesley Chapel Location at 813.929.4231 or our Tallahassee Location at 850.201.7210. You can also contact us online today.