Proving Fault in a Car Accident

March 31, 2020
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If you get hurt in a car accident that wasn’t your fault, you deserve compensation for your injuries and other losses.

To recover damages, you must first demonstrate that another party caused the accident. Unfortunately, proving fault isn’t enough to get you the compensation you need for your medical bills, lost wages, etc. You must also demonstrate how the defendant’s actions constituted negligence or recklessness. Otherwise, you can’t prove that the defendant is liable for your damages.

When Florida car accident attorneys set out to recover damages for a wrongly injured client, one of their first priorities is proving fault.

What Is Negligence?

When car accident lawyers document a claim, they typically establish fault by demonstrating that the defendant’s actions were negligent. Proving negligence makes the at-fault party liable for damages.

Proving negligence requires demonstrating that the at-fault party:

  1. Owed you a duty of care to act in a reasonable manner that did not put you in harm’s way;
  2. Breached that duty by failing to take reasonable care; and, as a result
  3. Caused the accident in which you sustained your injuries.

The final aspect of this process is demonstrating the value of your actual damages. This might involve providing copies of your medical bills, wage statements, car repair bills, etc.

How to Prove Fault for a Car Accident

Even if it seems obvious to you who caused your accident, you must prove it before you can demand a settlement. In some cases, fault is easy to prove. At other times, this task can pose a challenge.

No-Doubt Liability

One of the easiest ways to prove fault for a Florida car crash involves a legal concept known as no-doubt liability. The law views some types of accidents as clearly being the fault of a specific party. In rear-end collisions, for example, the driver of the vehicle in the rear is almost always at fault. In a crash involving a left-hand turn, the turning vehicle’s driver is typically at fault.

Traffic Violations

If the police cite a driver who was involved in a collision, it goes a long way toward proving fault. Some common examples include speeding, running a stop sign, and failing to yield. If the other party in your accident got a ticket, you already have a strong basis for proving fault.


If your collision didn’t involve no-doubt liability and the other party did not receive a citation from the police, you’ll have to work a lot harder to prove fault. In these cases, car accident attorneys must investigate the accident and gather critical evidence. Some of the most common types of evidence that attorneys use include:

  • Accident reports,
  • Witness statements,
  • Accident scene photos, and
  • Traffic camera footage.

In some cases, attorneys use accident scene reconstructions and subject matter experts to demonstrate fault.

Should You Try to Prove Fault for Your Florida Car Accident?

Now that you understand how the process works, you could try to take this challenge on yourself. But before you attempt to negotiate your own injury settlement, consider talking to an experienced car accident lawyer.

An attorney understands the complexities of the law and has experience negotiating with large insurance companies. Personal injury cases are highly complex, and you need the strongest case possible to get the compensation you deserve. Because most personal injury lawyers don’t get paid unless they obtain compensation for you, they are motivated to get the best possible results.

Schedule a Free Consultation with a Florida Car Accident Lawyer Today

At Rue & Ziffra, our world-class car accident attorneys fight every day to get justice for our clients. We work hard for you as we build the strongest possible case on your behalf. We offer a no-cost, no-obligation consultation for Florida car accident victims. To discuss the best ways to prove fault for your injury accident, contact us today.

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