Who Is At Fault In A Car Accident?
Identifying the responsible party for a car accident is critical at times. There is a significant difference between the person who legally is at fault and who actually caused an accident. The one who is at fault will have to face serious consequences as in he/she has to pay for damage to vehicles as well as properties. Besides this, which driver will be held liable for personal injuries! Generally, the one responsible for an accident will have to pay for all the damages caused due to the accident. Moreover, there are multiple states that have complicated systems of determining fault, there, a fraction of the blame is thrown on each driver that had any part in causing or failing to avoid that accident. Hence, such a situation lead to different monetary obligations on each party for an accident and their respective insurance providers.
Generally, any driver who violates traffic law is responsible for a resulting car accident. If any of the drivers are issued a citation for speeding, violation or running a light then he/she will most likely be at fault and carries the heaviest burden of the resulting liability. However, this is not the rule of thumb. A case in point is a car driver who cuts across several lanes of traffic to turn, and causing cars behind him to slam on their brakes. Meanwhile, another driver fails to stop in time, resultantly, colliding into another vehicle. Now, in such a scenario, the accident was caused primarily by the recklessness of the first driver, who may be cited; however, the driver who failed to stop the other one in time will also be primarily at fault, as it was too closely following the other car.
Therefore, it is highly advisable to begin collecting evidence at the scene, to support your defense or claim regarding fault in the accident. Besides this, try to record any comments made by the other drivers after the accident. Also, the witnesses present on the spot often have a definite opinion about a fault in an accident, irrespective of the legal requirements or who is ultimately quoted by the police. Further, record witnesses names as well as their phone numbers. Ask them to relate their account of the accident as well as adding the reason why they think one or the other of the drivers are at fault.
Summarizing the above discussion, the ultimate determination of who is at the fault will be decided by the combination of admissions by the drivers, citations by the police, statements by witnesses, and the prudent reasoning of a judge or jury. Anyhow if you build a strong defense, it is likely possible to settle a case well before a final determination on the due merits of the court. It is advisable to immediately contact an experienced Florida car accident attorney. As these skilled people help you not only in avoiding jail time but also a time reducing the penalties or fines.