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Home » Consumer Information » Personal Injury » Proof of Liability

Auto Accident Liability

Just like other accidents involving personal injury, deciding who is to blame for an auto accident requires you to determine who has demonstrated the most negligence. The majority of the time, the driver, cyclist, or pedestrian at fault is obvious. However, it may not be evident what laws that person broke. The victim can strengthen their case in the eyes of an insurance company by finding official documentation to support their claim.

Police reports

If law enforcement arrived at the accident site, especially if they were aware that someone had been hurt, they most likely wrote up an accident report. By calling that police department's traffic division, you will find out how to obtain a copy for your records.

Some reports contain an officer's opinion that a driver disobeyed a traffic law, which in turn led to an accident. They may also mention that a citation was issued regarding this violation. Other reports may be vaguer and state that the wreck resulted from negligent behavior without actually describing what sort of action it was. In spite of how in depth the report is, any indication that a driver violated the rules of the road or exhibited carelessness behind the wheel will help the claimant's cause.

State traffic laws

Your state traffic laws, which may also be referred to as vehicle code, can really reinforce your argument; if you can correlate the elements of your case with the rules of the road and show how the other driver breached the code, the odds that the insurance representative will agree with you should undoubtedly increase. You can usually find a watered down version of your local traffic laws at the Department of Motor Vehicles, or the official literature may be obtained at public and law libraries.

In the vehicle codebook's index, search for keywords that are related to your accident (e.g., speed limit, right of way, or stop sign). A law librarian may assist you in this endeavor, so don't hesitate to ask for help if you're struggling to find what you're looking for. If you come across a rule that is applicable to your situation, copy it word for word with the statute number so that you can reiterate all of this information to the insurance company.

Accidents with little discrepancy

There are two kinds of car accidents where the other driver is liable almost 100 percent of the time, and insurance companies rarely have a rebuttal in these cases:

  • Rear-end collisions -- If someone runs into the back of your vehicle, it is almost never your fault regardless of what caused you to brake or stop. A fundamental driving rule states that a vehicle should be able to come to a safe halt if the one in front of it does. If the vehicle behind is unable to safely slow down, that person is driving too recklessly or fast.
  • Left-turn accidents -- A vehicle making a left-hand turn is generally liable for a crash involving a vehicle moving straight in the opposite direction unless the car going straight:
    • Was traveling at a rate much higher than the speed limit.
    • Ran through a red light.

The location of the damage on automobiles involved in these two types of accidents makes it very difficult for the driver to dispute that the accident occurred in any other way.

If you've been injured in a car crash, a Florida personal injury attorney will review the fine details of your case to determine where the bulk of liability falls.