Thousands of car accidents happen in Florida every year. If a personal injury claim is filed, the court moves forward by determining the driver who is responsible for the accident. The methods of finding fault are determined using a variety of factors.
Steps for determining liability
Determining fault for car accidents in Florida is made by considering four main factors: duty of care, breach of duty, causation and damages. Liability is determined in a court of law. The driver who caused the accident has breached a duty of care in protecting the safety of other drivers. Then, evidence is presented to prove that the driver acted negligently and intentionally. Next, the breach of duty, such as running a red light or driving while distracted, must be the immediate cause for the accident. Last, the accident must result in an injury or property damage.
No-fault coverage
In Florida, the person driving the car is liable for an accident; however, the vehicle’s owner is also held liable for allowing that person to drive the car. Florida is a no-fault state that provides insurance coverage regardless of who started the accident. Your own insurance provider covers your medical expenses and auto repairs, so it’s not necessary to obtain coverage from the other driver’s insurance provider.
A car accident lawsuit cannot move forward without determining who’s at fault for the accident. The court determines the liable driver by reviewing the breach of the duty of care, causation and other factors. Florida has specific rules for how liability is determined, and the step is required to decide who must cover the injured driver’s expenses.