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Determining Fault

Determining Fault in a Tampa Car Accident

Any Tampa car accident lawyer will tell you: Florida is not the same as other states. Many transplants who move here from other states find this out the hard way after they've had an accident. But learning what makes Florida law different when it comes to car accidents can help you not only make sure you have the right insurance coverage, it can give you a head start when you are actually in one.

Comparative Negligence

One thing that makes Florida different is it is a comparative negligence state. This means that the burden is on the victim to prove the other party's negligence led to the accident. And when fault is decided, it may be meted out proportionally. For example, if Driver A rear ends Driver B, in another state Driver A would be considered 100% at fault. But in Florida, a judge may find Driver A only 80% at fault because Driver B had a taillight out.

This is one of the reasons hiring a good Tampa car accident lawyer is so important. You may think your case is not your fault at all, but proving that can be difficult.

How to Be Prepared for Court

There are several pieces of evidence the judge will use to help them determine fault, so the more of these you can produce, the better it will be for your case.

These include:

  • police reports
  • witness statements
  • damage reports from each insurance company
  • photos from the scene or video evidence from traffic cameras

Your Tampa auto accident attorney can assist you with collecting evidence and give you advice for dealing with the opposing insurance company as well.

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