You Know You Are Not At Fault, But Can You Prove It?

Apart from certain obvious cases of recklessness or intentional misconduct, most crashes are caused by negligence. In a Florida car, truck or motorcycle accident, it may not be enough to be convinced that the other party caused the crash. If the other party disagrees, and hasn't signed any written confirmation that they accept responsibility for the accident, you will have to prove it.

How do you prove fault in a Florida car crash?

Police reports: Police generally do not show up unless there are injuries involved. When they do, they generally make a report, which is often a simple recollection of what they saw and what they could find out on the scene. Police officers often issue tickets to offenders of traffic violations, and will file charges in more serious cases. Police reports are important because they come with a presumption of impartiality and accuracy.

State Traffic Laws: Also called the vehicle code, these laws are often condensed in a user-friendly Rules-of-the-Road booklet, probably available on-line and certainly at your local DMV. Some states have different rules regarding right-of-way in merging lanes, for instance, others about the use of headlights in rainy weather, or texting while driving. Be sure to study and select the relevant code sections applicable to your case.

No-fault accident situations: Certain kinds of accidents are almost always the fault of one driver and not the other. This is the case in most rear-end crashes and left-turn collisions.

Investigation: In serious crashes where the victim has a lot at stake, it may be wise to ask your motor vehicle accident legal counsel to conduct a thorough investigation, collecting all possible evidence about the other party (cell phone use, traffic and criminal record, etc.) and using an accident reconstruction expert to determine exactly what happened. This is particularly important in the case of a crash with an 18-wheeler, where the other party is a motor carrier.

The Daytona Beach car, truck and motorcycle accident attorneys of Johnson & Gilbert are dedicated to the safety of their clients. If you or a loved one has been injured in a crash in Central East or North East Florida, call us today toll free at (800) 556-8890 or locally at (386) 673-4412, or send us an email to arrange a free consultation.