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Who Is at Fault: Car Accident Liability

Fort Myers, Fort Lauderdale, and Miami Auto Accident Attorneys

Florida Driving Laws: Who Is at Fault?

Florida is known as a "no-fault" state with regard to car accidents. This does not mean that the question of who caused an auto accident is never relevant. Determining who caused an auto accident is still very important, especially in major accidents resulting in serious injury or death.

Freidin Dobrinsky Brown & Rosenblum, P.A. is an AV-rated* personal injury law firm whose attorneys have more than 90 years' combined courtroom experience. We focus on representing injury victims in major personal injury cases, and we have a proven record of success on our clients' behalf. If you have questions after an auto accident, contact us to make an appointment at one of our three offices — in Miami, Fort Lauderdale and Fort Myers.

Why Is 'Fault' Important in Serious Auto Accidents?

Personal Injury Protection (PIP) auto insurance coverage makes the question of fault irrelevant in auto accident cases where the total cost of medical bills was less than $10,000 and the total cost of property damage was less than $10,000. Drivers make an insurance claim with their own insurance companies for injuries and damage under these amounts. Drivers may elect to carry a higher amount of PIP coverage.

However, in serious auto accident cases, the financial costs usually exceed the amount of PIP coverage available. Thus, your auto accident attorneys must search for other sources of compensation to get a full and fair car accident settlement. The most obvious source is the other driver. If the other driver caused the accident, then we can demand compensation from that driver's insurance company.

What if Both Drivers Contributed to the Auto Accident?

In some auto accidents, the drivers share responsibility for the accident. Florida uses a law called comparative liability in these cases. An injured driver who helped cause the accident may not recover 100 percent compensation from the other driver's insurance company. Instead, he or she can recover a percentage of compensation based on the degree to which he or she caused the accident.

For example, if your medical costs, after PIP payments, are $100,000, and you are shown to be 60 percent responsible for the auto accident, then you may be able to recover 40 percent of your costs, or $40,000.

Investigating Fault and Finding Evidence to Prove Liability

The answer to the question, "Who caused the auto accident?" has a major effect on the injury victim's ability to recover full compensation for financial costs associated with the accident. Our law firm uses traffic camera footage, accident reconstruction experts, witness statements, in-car GPS systems, security camera footage and any other source of information to develop a true picture of exactly how the accident happened.

When we negotiate on our clients' behalf, we always work as hard as possible to protect their right to full and fair compensation.

Contact Freidin Dobrinsky Brown & Rosenblum, P.A. in Miami, Fort Lauderdale or Fort Myers

  • Do you have questions about liability after an auto accident on a South Florida roadway? To consult privately with an experienced personal injury lawyer, call Freidin Dobrinsky Brown & Rosenblum, P.A. toll free at 800-815-6232 or use our online contact form.

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

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2 S. Biscayne Blvd.
Suite 3100
Miami FL 33131


Ft. Lauderdale
950 S. Pine Island Rd.
Suite A-150
Plantation FL 33324


Fort Myers
2245 McGregor Blvd.
Fort Myers FL 33901