Auto Accident Liability – Proving Fault

Our primary area of practice involves representing persons in auto accidents in New Port Richey, Pasco County, and throughout the Tampa Bay area. One of the things I do during an initial free consultation with a client is explain the different components of a personal injury action stemming from an automobile accident. Primarily, an automobile accident case comes down to two things: Liability and Damages. This page will address proving liability in a Florida personal injury liability claim.

Regardless of how large the damages are, unless your injury attorney has a case for proving liability, you will have no valid auto accident claim. When lawyers and adjusters talk about “liability,” we are really talking about “fault.” In other words, who was at fault in causing the accident? The legal concept of “negligence” comes in to play here, which involves proof that the other motorist breached a legal duty to you (the duty to pay attention, keep a proper distance, travel at a safe speed, etc.). In most cases, it is not difficult for an injury lawyer to prove fault in an automobile accident claim. However, there are certainly other times when fault is disputed, and the other person’s insurance company may take the position that your actions caused the accident (in whole or in part). For example, we see this arise when both parties say they had the green light, but there are no independent witnesses for the investigating officer to interview. Having an aggressive Pasco County car injury accident lawyer is vital when fault is disputed, as quick action is needed to establish liability.

If you or a loved one has been injured, you should call me for a FREE CONSULTATION so that I can discuss the specific facts of your case with you, as well as all types of damages that you may be entitled to recover.