01 Aug How Is Fault Determined in a Florida Car Accident?

Florida, determining who is at fault for a car accident comes down to proving which party acted with negligence. 

This legal concept simply means that one person failed to act with the same level of care that a reasonably careful person would under similar circumstances. This requires a careful gathering of facts to show one party’s failure to drive with reasonable care directly caused the crash.

The initial police report is just one piece of a much larger puzzle. Witness memories quickly fade, and physical evidence is easily misinterpreted without a trained eye. The story of what happened is built from many different sources, not just one document written at a chaotic scene.

The insurance company for the other driver will have its own team investigating, and their incentive is to minimize what they have to pay. They may try to shift a percentage of the blame to you to reduce or deny your claim based on certain evidence. This is a standard part of their process, but it can feel deeply unfair when you are the one who is injured.

Our role is to take on the complex work of building the story of your accident, piece by piece, so you can focus on your health. If you’re unsure about how fault will be determined in your case, call the Law Firm of Cindy Goldstein at (954) 346-5420 for a clear explanation of your situation.

The Police Report

After a crash, the police report is one of the first documents people look to for answers. It is a summary created by the responding officer, containing driver and insurance information, a diagram of the scene, and the officer’s initial opinion on how the collision occurred. 

Its Purpose and Limitations

It might include citations for traffic law violations, which is a strong indicator of fault. For example, if one driver was ticketed for running a red light, that is a significant fact in proving they were negligent.

However, the report is not the final word. It is based on information gathered in a short period immediately following a traumatic event. In a Florida court, the report itself is generally considered hearsay and cannot be used as the sole evidence of fault. An officer’s conclusion might be formed without all the facts that emerge later, such as surveillance video or data from a vehicle’s “black box.”

What if the Report Seems Wrong?

It could be a simple mistake, like a wrong street name, or a more serious issue, like an incorrect conclusion about who caused the crash. It is important to remember that a police report can be challenged and supplemented with subsequent evidence.

How We Piece Together What Really Happened

A. The Physical Evidence: The things you can see and touch.

• Vehicle Damage: The location, type, and severity of damage to the vehicles involved tell a story about the angle of impact, the speed of the cars, and how they collided. This physical record might confirm or contradict a driver’s version of events.
• Accident Scene Photos: Photographs and videos from the scene are a snapshot of the moment of impact. Skid marks show how fast a driver was going and when they tried to brake. Debris fields reveal the point of collision. The condition of the road itself may also be a contributing factor.
• “Black Box” Data: Many modern cars are equipped with event data recorders (EDRs), often called “black boxes.” These devices capture information such as speed, braking, steering inputs, and seatbelt use in the moments just before a crash. We work to preserve and obtain this data.

B. The Documentary Evidence: The paper trail that supports your claim.

• Medical Records: Your medical records are the most direct way to show the consequences of the crash. They create a clear line between the other driver’s actions and the injuries you sustained, documenting the physical and financial cost of their negligence.
• Cell Phone Records: If there is reason to suspect the other driver was texting or talking on their phone, we’ll seek to obtain their cell phone records through a subpoena. These records show activity at the exact time of the crash, providing powerful evidence of distracted driving.
• Surveillance Footage: An increasing number of accidents are captured on camera. Video from traffic lights, highway cameras, or security systems at nearby businesses can provide an impartial, indisputable account of how the accident unfolded. 

C. The Human Element: The stories that fill in the gaps.

• Eyewitness Statements: Independent witnesses who saw the crash might be able to support your version of events and counter the narrative of the at-fault driver. 
• Expert Testimony: In complex cases, we may bring in highly qualified professionals to analyze the evidence. Accident reconstructionists use physics and engineering principles to create a scientific model of the crash, definitively showing how it occurred and who was responsible. Medical experts explain the long-term impact of your injuries.

One Florida Law You Need to Understand: Modified Comparative Negligence

The Old Rule vs. The New Rule

Until recently, Florida followed a “pure comparative negligence” rule. This system allowed you to recover damages even if you were mostly at fault for an accident. For example, a driver found to be 90% at fault could still recover 10% of their damages.

The Law Today (The 51% Bar)

In March 2023, Florida shifted to a “modified comparative negligence” standard. This new law created a strict cutoff for recovering damages.

• In simple terms: If you are found to be 51% or more at fault for the accident, you are completely barred from recovering any damages from the other party.
• If you are 50% or less at fault: You can still recover damages, but your financial award will be reduced by your percentage of fault. For instance, if you have $100,000 in damages but are found 20% responsible for the crash, your recovery is reduced by that 20% to $80,000.

Why This Matters to You

Because of this new 51% bar, insurance companies have a massive financial incentive to shift as much blame as possible onto you. If they argue successfully that you were even slightly more than half at fault, they owe you nothing. This makes the evidence-gathering process we discussed earlier more important than ever. Proving the other driver was primarily responsible is now the key that unlocks the door to compensation.

Common Florida Accident Scenarios and How Fault Is Often Viewed

Rear-End Collisions

There is a strong legal presumption that the driver who rear-ends another vehicle is at fault. This is because Florida law requires all drivers to maintain a safe and “reasonable and prudent” following distance. Failing to do so is typically seen as evidence of negligence.

Exceptions: Fault can be shared or shifted if the lead driver braked suddenly and without reason, had broken or non-working brake lights, or cut off the other driver and then stopped abruptly.

Left-Turn Accidents

The driver making a left turn is most often found at fault in a collision with an oncoming vehicle. Under Florida Statute 316.122, a vehicle intending to turn left must yield the right-of-way to any vehicle approaching from the opposite direction that is close enough to be a hazard.

Exceptions: The oncoming driver could be partially or fully at fault if they were speeding excessively, ran a red light or stop sign, or were driving without their headlights on at night.

Intersection Accidents (T-Bone)

In a “T-bone” or side-impact crash at an intersection, fault usually lies with the driver who failed to obey a traffic control device. This means the person who ran a red light or a stop sign is typically held responsible. This is an area where traffic camera footage or eyewitness testimony will prove decisive.

Lane Change Accidents

When a collision occurs during a lane change, fault depends on which driver had the right-of-way. The driver changing lanes must ensure the lane is clear, signal their intention, and check their blind spot. Failure to do these things usually places fault on the merging driver.

Exceptions: The other driver could share fault if they were driving erratically, speeding up to prevent the lane change, or drifting out of their own lane.

Beyond the Other Driver: When Multiple Parties Are at Fault

Sometimes, a car accident is caused by more than just a single driver’s mistake. A thorough investigation may reveal that other parties share some responsibility for what happened. 

Auto Defects

If a crash was caused or made worse by a faulty vehicle component—such as failing brakes, a defective tire that blows out, or an airbag that doesn’t deploy—the manufacturer of the vehicle or the specific part could be held responsible. These cases fall under a legal concept called strict liability, which means you don’t have to prove the manufacturer was careless, only that their product was defective and caused harm.

Government Entities

A government body may be partially at fault if a dangerous road condition contributed to the accident. This could include a poorly designed intersection with limited visibility, a large pothole that was never repaired, or a malfunctioning traffic signal. Bringing a claim against a government entity involves different rules and much shorter deadlines, making prompt action even more important.

Employers of At-Fault Drivers

If the driver who hit you was on the clock at the time of the crash, their employer may also be on the hook. This often applies in accidents involving delivery drivers, sales representatives, or commercial truck drivers. The legal doctrine of “respondeat superior” holds an employer liable for the negligent actions of an employee acting within the scope of their employment.

FAQ for How to Tell Who Is At Fault in a Car Accident

What are Florida’s minimum insurance requirements?

Florida law requires all drivers to carry a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). PIP covers 80% of your initial medical bills and 60% of lost wages up to the limit, regardless of who is at fault. PDL covers damage you cause to another person’s property. Notably, Florida does not require most drivers to carry Bodily Injury Liability (BIL), which pays for injuries you cause to others.

What if the at-fault driver is uninsured or underinsured?

This is a challenging but common situation, especially since Florida does not mandate bodily injury coverage. If the at-fault driver has no insurance or not enough to cover your damages, your own insurance policy is your next line of defense. If you purchased Uninsured/Underinsured Motorist (UM/UIM) coverage, you can file a claim with your own insurance company to cover the medical bills, lost wages, and pain and suffering that the at-fault driver’s policy should have paid.

How long does it take to settle a car accident case?

The timeline for settling a car accident case varies widely. A straightforward case with clear fault and minor injuries might be resolved in a few months. However, a case involving a dispute over fault, significant injuries, or multiple parties can take much longer, sometimes 12 to 36 months or more. The need for a thorough investigation, complete medical treatment, and strategic negotiation all factor into the timeline.

Do I have to go to court to get compensation?

Probably not. The vast majority of car accident cases are settled out of court. A settlement is a formal agreement reached through negotiations between your lawyer and the insurance company. A case only proceeds to a lawsuit and potentially a trial if the insurance company refuses to offer a fair settlement that adequately covers the full extent of your damages. Our goal is always to secure a just settlement for you without the need for a lengthy court process, but we prepare every case as if it will go to trial.

How does my Personal Injury Protection (PIP) work with a fault-based claim?

Florida is a “no-fault” state, which is a term that often causes confusion. It simply means you must first turn to your own PIP coverage for your initial $10,000 of medical expenses and lost wages. To step outside of this no-fault system and bring a claim against the at-fault driver for damages like pain, suffering, and medical costs exceeding your PIP limit, your injuries must meet a certain legal standard known as the “serious injury threshold.” This includes conditions like a permanent injury, significant and permanent scarring, or the significant and permanent loss of an important bodily function.

Let Us Build Your Case for a Just Outcome

Your focus should be on your physical and emotional recovery. Our focus is on building the foundation needed to pursue every dollar you are entitled to under the law.

Call the Law Firm of Cindy Goldstein today at (954) 346-5420 to put our experience to work for you.