Who is at Fault During a Car Accident?

We have all been in a car accident at some point in our lives. Maybe some haven’t, but lots of us have been in car accidents, truck accidents, maybe even Uber accidents. Your accident can be as simple as a slip and fall accident. To put it simply, there are a load of car accidents that happen, and you could get hurt. So how do we determine fault? 

That’s actually a simple concept, yet it can get very complicated if we take lots of factors into play. But to put it simply, fault is determined by the law and the rules of the situation. If it was a car accident, then the traffic laws would apply. 

If it happened in a building, then it would be subject to the laws of the state and whether the building was properly warning tenants. 

If it was with a truck, then it will be subject to traffic laws and also other factors such as fatigue, negligence, and hiring practices to determine if the truck driver was at fault and was being irresponsible, or if the victim was actually not a victim and was actually the one being irresponsible and negligent on the road. 

Fault vs No-Fault States

To determine fault, there are lots of factors, but to really determine fault we have to know if you live in a no-fault state.

My law practice is based in Florida, so I’m going to talk about Florida, which has a no-fault policy. 

In an at-fault state, you must sue or file a claim against the party that did damage to you. That is the only way that you can get any sort of financial coverage to pay for your medical bills and repair bills. 

For no-fault states, imagine there is a vault where there is money for everyone that gets into an accident. For anyone that gets into an accident, this money can be accessed up to 10,000 dollars for any kind of repairs, whether it is on the body of the car, the person, etc.

The problem is that once you decide to take this money and use it, it is very hard or impossible to sue and get the rest of your money. Wait whoa..

What do I mean “rest of your money”? I mean that the “no-fault” policy only pays for up to 80% of the damages and the limit is 10,000 dollars. Basically, if it exceeds that percentage and max number, then you are out of luck. You will be paying out of pocket.

Now, what do I mean that you can’t sue? Well simply put, when you accept that there was no fault and accept the payment in the form of “no-fault”, then you have waived your right to sue the other party. If it is a small accident, we recommend that people just take this, since you will not stack up points on your license (as long as it was determined by the insurance that it wasn’t your fault) and you will be able to get your car fixed ASAP.

Real Talk, Who is at Fault?

Now, I’m going to be very real with you guys, the one who is at fault is most of the time, the person that broke the rules or laws. It is very hard to argue against the law of the state and try to bend it so that they laws seem ambiguous. 

Either the person that broke the laws (rules) or did something that was negligent or irresponsible enough to cause the accident will be fault. So, if you are going through a situation where you feel like you were following the laws and you feel wronged, as long as you were within the laws of the state, you will be fine. 

My tip to you is to stay alert, focused and awake while you are on the road. Don’t try to break any laws to get somewhere faster. Even if it might make you 5 minutes earlier, it is not worth it if you get in an accident that will push you back a whole hour or two. 

Next Steps After State Laws

But, if you feel like you have been wronged and not at fault, you can always hire a car accident or personal injury lawyer who will help you with your case. For example, our team at FLL Accident Lawyers will not even charge until YOU are paid. So everything until the point of compensation is free. 

If you feel pain after your accident, especially neck pain and back pain, which are common things after an accident, then you definitely have to consult a personal injury lawyer. You don’t want to end up paying lots of money for something that isn’t even your fault. In the case that you are paying, give us a call or email us and we will respond immediately. Our team is always ready to take any case to help you deal with your injuries. 

So to summarize, how do you KNOW for sure who is at fault? To be real, that is actually very hard to know with certainty. The very best thing we can tell you is that as long as you were alert, focused, and not breaking any rules, there is no reason to have anything be your fault. 

For anything to be your fault and put the blame on your hands, it means that you did something irresponsible or careless where it was out of the ordinary to cause the accident. So like I said before, just make sure that you are alert and not breaking any laws. You will be fine.