Determining Fault in a Florida Auto Accident
Understanding liability laws and no-fault insurance coverage in Broward County
Determining fault in Florida auto accidents is often complicated, requiring in-depth investigation, accident reconstruction and knowledge of insurance and personal injury laws. At Boone & Davis, Attorneys at Law, our Fort Lauderdale auto accident attorneys use their more than 30 years of experience to help you determine when another party is at fault and to help you obtain the compensation you need through insurance benefits or in a personal injury or wrongful death lawsuit. Our firm has a network of experts to help us determine fault and the full extent of your injuries, including long-term medical costs and decreased earning capacity, so we can help you obtain the maximum compensation possible under the law and applicable insurance policy limits.
How to determine fault in a car accident in the Fort Lauderdale area
For a party to be at fault in causing your injuries, the party must owe you a duty of care and must have breached that duty of care. In cases of auto accident liability, a driver may be at fault if they fail to drive with care, including following the rules of the road or obeying traffic signs and signals. A driver may be at fault because they speeding, were distracted on a cell phone and caused a rear-end collision, or are guilty of drunk driving or other reckless acts.
Auto manufacturers and automotive part manufacturers may also be liable for an auto accident. Manufacturers may be liable when the vehicle design is dangerous and not crashworthy, such as in an SUV that has a propensity to roll over, when an error in the manufacturing process, like defective brakes, causes an accident, and when inadequate warnings or instructions on the use of a vehicle results in a crash. Through significant experience and understanding of auto defect cases and in-depth investigation, we can help you determine when a manufacturer is liable for the harm you have suffered.
Common examples of driver fault
Using our substantial experience, skills and dedication to open client communication, our legal team helps our clients recover compensation for injuries and losses resulting from all types of negligence and fault by other drivers, including:
- Driving too fast for road or weather conditions
- Unsafe lane changes or turns
- Driver distraction
- Texting while driving
- Cutting off other vehicles
- Drunk driving
- Reckless driving
When the at-fault driver is uninsured or refuses to pay
Because Florida requires no-fault insurance, our attorneys can help you obtain some compensation from your own insurer for the harm you have suffered regardless of whether the at-fault driver has insurance, as long as you have the mandatory personal injury protection and seek medical attention within 14 days of your accident. We can also assist you in recovering additional damages from your uninsured motorist policy, if you have one, and in personal injury actions in certain cases.
If the at-fault driver has insurance coverage but refuses to pay, our lawyers help you seek and enforce a judgment against the driver in a Florida court. We also can seek payment on your behalf from the driver’s insurer if the insurance company also refuses to pay. Once you obtain a judgment, the Florida Bureau of Motorist Compliance can also help you enforce coverage if the at-fault driver still has not paid after 30 days. If the other driver has insurance but does not have bodily injury coverage to cover your injuries, or if the driver has no insurance at all, the Bureau of Motorist Compliance can suspend the other driver’s license(s), tag(s) and registration(s) for 20 years or until the judgment is satisfied.
Contact our knowledgeable lawyers for help with your vehicle accident claim
Since 1981, Boone & Davis, Attorneys at Law has been providing a highly accessible level of legal support and guidance for accident victims in Fort Lauderdale and throughout the state of Florida. To learn more about our skills, our proven results and how we can help in your case, contact us online or call 954-566-9919 for a free initial consultation. From the moment we accept your case, we are dedicated to being accessible, reliable and supportive.