Who Decides Fault in a Car Accident?
If you’ve been involved in a car accident, it’s not unusual for the other driver to disagree with you on the matter of who is at fault. This does not, however, alter the fact that they may have caused the accident. Ultimately, fault is determined by the facts of each unique case and the evidence that backs these facts up. Having a better understanding of how car accident claims are resolved can help you better understand your own, and if you believe the other driver is – or may be – at fault, don’t wait to consult with an experienced Tampa car accident attorney.
The Facts of Your Case
The car accident that left you injured was caused by something, and often, that something is the other driver’s negligence. Sometimes, fault is very clear, but at other times, it is less so. The police officer who attends your accident scene will write a report that may or may not assess fault.
If the other driver was
If, however, the officer’s assessment is different from your own, it isn’t necessarily the last word on the matter. Your seasoned car accident attorney will employ all the available evidence in your case to build your strongest claim.
Compiling Evidence
If you and the other driver disagree on the matter of fault, your claim will hinge on the evidence, which can include – in addition to the police report – all the following:
- The testimony of eyewitnesses
- Dashcam and security camera footage
- Any photos or videos captured at the scene
- Physical evidence from the scene
- Each driver’s assessment of how the accident happened
- Accident recreation models
- Expert testimony
Shared Fault
It is also important to note that, in Florida, you don’t have to prove that the other driver is 100 percent at fault for the car accident that leaves you injured in order to seek fair compensation. If fault is shared, you can file a claim for the percentage of your losses that the other motorist is responsible for, including in all the following categories:
- Property damage to your car and its contents
- Your related medical expenses – current and ongoing
- Your lost income, including any lost earning potential
- Your physical and psychological pain and suffering
An Experienced Tampa Car Accident Attorney Can Help
If you’ve been injured in a car accident that was caused by another driver’s negligence, proving fault can be challenging, but the dedicated car accident attorneys at Matthews Injury Law – proudly serving Tampa – have a wealth of experience guiding complex claims like yours toward optimal outcome and we’re here to help. Your claim is important to your recovery, so please don’t wait to reach out and contact us online or call 813-530-1000 to learn more about what we can do for you today.