Determining which driver is at fault for an auto accident is always important to settling any personal injury claims even in a no-fault state like Florida. Drivers and passengers alike may need to file an additional claim with an at-fault driver if their injury treatment bills exceed a personal injury protection maximum on a driver’s auto insurance policy. Determining fault is not always a clear-cut decision, especially in multiple vehicle accidents. Even the official accident report can still leave questions concerning what actually happened in a crash, but there are a few standard rules that apply when a decision is made.
The law of vehicular control
The primary rule that is used when determining fault in Florida car accidents is the law of vehicular control. All drivers are required to have complete control of their vehicle while it is in motion, including moving backwards. The concept that all drivers colliding from the rear are at-fault is not always accurate. However, any driver who is following too closely and strikes a frontal vehicle could well be found at fault to a significant degree. The truth is that the actions of all drivers involved in all car accidents are vital to the final comparative negligence determination.
Highway rules violations
The ultimate issue when determining fault is negligence, which can be exhibited in a variety of ways. Any activity that generates a driving citation can be a primary factor in establishing fault, especially speeding, reckless driving, and driving under the influence. Intoxicated drivers are commonly found at fault when involved in car accidents, but this fact alone does not always determine primary fault for causing a collision.
It is important for all injured drivers and their passengers to understand the driver’s personal auto policy may not be the only financial compensation available. Courts make this determination based on certain case factors.