How to Prove Fault in a Car Accident

by Reifkind & Thompson, P.L.

Advice From Your South Florida Car Accident Attorney

Car accidents are the most common source of personal injury actions in the United States. As a result, your South Florida car accident lawyers know that it is highly likely that you or someone in your life will be involved in a car accident that leads to personal injuries at some point. In car accident cases that have resulted in injury, proving fault is essential to recovering any type of damages from the responsible parties.

Defining Fault

In the state of Florida, as in many states, the law of negligence governs who is at fault for a car accident. The law places the fault on the party or parties who acted negligently, or carelessly, in causing an accident. Generally, a driver has a duty to use reasonable care in operating a vehicle. If the driver fails to use reasonable care, a negligent act has occurred. A finding of negligence will make a party responsible for repaying any damages to the victim or victims who have suffered property damage or personal injuries.

Collecting Evidence to Prove Fault in a Car Accident

Evidence of fault is the key to showing that you are entitled to damages that you have suffered in a car accident. In the early stages of your case, you will present this evidence to an insurance adjuster by making an insurance claim with the insurance company of the party that you believe is at fault for the accident. If you are unable to reach a settlement amount, your only option is to file a personal injury lawsuit against the responsible party or parties. In the event that you become involved in a personal injury lawsuit, evidence of fault will become even more crucial. Common examples of evidence that can assist in proving fault in a personal injury case include the following:

• The police report completed by law enforcement officials;

• Any witness statements taken following the accident;

• Medical bills and documentation of any other medical expenses that you incurred due to injuries sustained in the accident;

• Any photographs taken of the accident scene and damages to your vehicle; and

• Written documentation of your lost wages or income due to your injuries.

The more evidence you have showing that another party was at fault for the car accident, the better your chances of recovering the damages to which you are entitled.

When You Are Partially at Fault in a Car Accident

Florida is a comparative negligence state, which means that a party who has been involved in a car accident in Florida may be partially at fault, but still may be able to recover damages for injuries. Even if you are more than 50 percent at fault for an accident, you may still be able to recover some damages. The percentage of your fault for your car accident will reduce the amount of any damages award that you receive by that same percentage.

Your South Florida car accident lawyers want you to be aware of your rights and responsibilities with respect to fault if you are injured in a car accident. For more information, call your South Florida auto accident attorney at Reifkind & Thompson, P.L., at 1-800-329-8701 or email us at We handle auto accident cases, auto insurance legal issues and more. You also can visit our website at

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reifkind & Thompson, P.L. | Attorney Advertising

Written by:

Reifkind & Thompson, P.L.

Reifkind & Thompson, P.L. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.