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Determining Fault in a Florida Auto Accident

Experienced Fort Lauderdale attorneys who understand auto accident liability issues

The fast pace of most motor vehicle accidents makes it virtually impossible for any involved party to accurately identify fault immediately after the incident. This is one reason drivers are advised to avoid admitting fault at the accident scene. When you bring your concerns to the board-certified trial lawyers at Fazio, DiSalvo & Abers, P.A., we take the time to assess your case based on the details you remember. If we believe other parties were liable for the accident, we conduct thorough investigations to help develop a compelling case on your behalf.

Determining fault in Florida auto accidents involves many considerations

Although Florida’s no-fault auto insurance laws generally require injury victims to pursue compensation from their own policies regardless of liability, fault is still an important issue for insurers who need to recover payments from other insurance companies. Fault plays an important role in other situations, such as when an uninsured motorist causes a collision, or if you sustain injuries beyond your insurance policy limits. The South Florida car accident attorneys at Fazio, DiSalvo & Abers, P.A. look at a full range of factors, including the following:

  • Illegal driving behavior: The rules of the road exist to help ensure safety on Florida roads. When drivers speed, change lanes improperly or engage in drunk driving, they typically have liability for resulting crashes.
  • Distracted driving: In Florida, no laws ban any form of distracted driving, but drivers who cause a collision while talking or texting on a cellphone may be liable for damages.
  • External parties: Fault can even extend beyond the parties involved in the auto accident. For example, a person who fails to stop behind you at a light may be coming from a repair shop that performed substandard brake repairs. These types of liability typically fall outside of the no-fault insurance requirements for anyone seeking compensation for their injuries.

Fault can be shared by all parties in an accident

Accident victims in Florida have the right to pursue damages even if their own actions contributed to the accident, according to the state comparative fault statutes. In these cases, the law bases the amount of compensation on the degree of negligence by each party. In other words, an injury victim who shares 10 percent of negligence may receive 90 percent of the damages from other negligent parties.

Contact an experienced Fort Lauderdale auto accident attorney for a free consultation

Even when you expect your own insurance policy to cover the expenses associated with your auto accident injuries, the skilled attorneys at Fazio, DiSalvo & Abers, P.A. encourage you to schedule a free consultation. We can provide valuable advice on how to effectively handle your insurance claim. We take calls 24/7, offer flexible hours, and can meet with you in our convenient downtown office, at home or in the hospital. We take cases on a contingency-fee basis, so you pay no attorney fees until we win or settle your case. Contact us online, or call us at (954) 463-0585 today.


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