What If No One Was At Fault in My Florida Accident?
It is rare to find no one at fault in a collision, but it can happen. In most cases, one driver acts carelessly or recklessly, leading to a crash and victims suffering injuries. That driver would then have a legal responsibility to pay for severe injuries.
However, if no one was at fault for your Florida car accident, what happens becomes more complicated. Working with a car accident attorney can help you pursue other options to recover compensation based on your expenses and losses.
How Can No One Be at Fault in An Accident?
Some circumstances are beyond everyone’s control:
- A tree falls across the roadway
- The weather changes suddenly and dramatically, as often happens in Florida
- A medical emergency debilitates someone while they are behind the wheel
Depending on the circumstances of your crash, law enforcement—and possibly insurance adjusters and a jury later—might determine that neither driver caused the crash, and it was, in fact, not preventable.
An accident can also have no one at fault when each party equally shares the blame. As a result, if the parties determine that each driver is 50 percent responsible for causing the collision, it may be impossible to categorize either as “victim” or “negligent driver.”
Why Is Fault Significant in a Car Accident Claim?
Fault is important in a Florida car crash because an injured victim could hold the negligent driver accountable for any costs or losses associated with their injuries, including intangible damages. The driver or their insurer may be legally responsible for the crash they caused.
For this reason, a critical part of any case is identifying the liable party and obtaining their insurance information. As a severely injured accident victim, you could file an auto liability claim or sue the driver in civil court.
However, the liable party in a car accident claim is not always another driver. It could be:
- A trucking company or corporation managing a fleet of trucks
- A ride-sharing company
- The agency that maintains the road
- The people tasked with maintaining rights-of-way
- A mechanic whose faulty repair led to a driver losing control of their vehicle
Other Options For Compensation Following a Crash
Generally, when you sustain severe injuries and file a fault-based case against the negligent driver, you can seek an array of damages. You could recover compensation based on their auto liability insurance coverage. To recover this money, you must:
- Develop a case to support your claim
- Gain a better understanding of the value of the case
- File an insurance claim and demand just compensation
- Negotiate a fair settlement based on your damages
If you contributed to causing the accident, this could reduce the value of the payout available to you.
However, this approach relies on proving the other driver caused the crash and is at fault. When no one is at fault, you may need to consider other legal options for seeking the money to cover your losses and expenses. These options include:
- Your auto insurance policy
- Your health insurance
- Pursuing a third party who contributed to the crash
During your free consultation, an attorney can determine your options for seeking a fair settlement. They can review your insurance coverages and the case facts to advise you on what you should do next. If your choices include filing a claim or suing, they could manage this process for you.
Working with an Attorney to Prove the Value of Your Case
In some cases, a personal injury law firm can investigate who caused your accident and find that someone was indeed at fault. Fault is usually initially determined following a crash by the law enforcement officers who respond and investigate.
They use evidence—including witness statements, video, physical damage to each vehicle, and more—to establish what happened and who caused the collision. Sometimes, they conclude right away and issue a citation. With other crashes, it could take a few days.
Even though the police conduct an initial investigation, you can count on each insurer and other parties to examine what happened and try to prove the case from their point of view. In addition, keep in mind that if you can prove fault, you have a limited time to sue.
Speak to an Attorney About Your Car Accident Claim Today
Distasio Law Firm provides free consultations for those hurt in car crashes. We know how much you need the help and how worrisome it is when you have mounting bills and nowhere to turn. We may be able to help you better understand what caused your collision and your legal options for compensation.
Call (813) 259-0022 to get started today.
As an ethical and trusted personal injury lawyer, Scott Distasio founded Distasio Law Firm in February of 2006, which focuses on all types of personal injury cases. He wanted to open a law firm that represented his belief that all firms should provide ethical and outstanding service to their clients.
