Determining Fault With Different Car Accident Scenarios

Who is at-Fault for my Car Accident?

car accident is a chaotic event where all involved can suffer severe injuries and end up in a state of confusion and bemusement in the immediate aftermath. One can be driving down the road and all the sudden can find themselves hit by another vehicle despite following all traffic and safety rules to the letter. These accidents can pretty much happen anywhere at any time while behind the wheel. After an accident, what exactly happened and who is at fault for the collision can be fuzzy on account of the chaos caused by the crash and injuries one may sustain.

Seeking Compensation After a Car Accident

As a result of a car accident, those involved will likely want to seek compensation if they have suffered severe injuries and the collision was the result of another’s negligence. This is possible by filing a car accident injury claim against any parties that may be considered liable for the injuries that were suffered. Due to Florida no-fault rules, those involved in a car accident will typically have to go through their own insurance regardless of who was at fault but there are exceptions to this rule. When someone suffers severe or permanent injuries because of a car accident and their personal injury protection or PIP is not enough to cover the damages then they may be able to file a claim against any parties that may be liable for their injuries.

When it comes to filing a car accident injury claim it is important that you consider speaking to an attorney. Insurance companies may try to tell you that you can handle a claim all on your own and while that may technically be true, you can find yourself getting a settlement of much lower value than with an attorney that can ensure you will not be taken advantage of. An experienced attorney can help you determine who exactly is at-fault for your accident and identify multiple liable parties that can be named in a car accident injury claim.

Types of Car Accidents and Assigning Fault

Rear-End Accident Fault

One of the most common types of car accidents that people find themselves involved in are rear-end accidents. People can end up getting their vehicle rear-ended at stoplights, parking lots, highways, etc. and can suffer severe injuries. Most of the time, the fault for rear-end accidents falls with the rear-vehicle. This is because vehicles are expected to maintain enough space between each other just in case a car has to slam their brakes and make an emergency stop. Exceptions to this include cars reversing during rear-end accidents, cars with broken brake or tail lights, cars with flat tires, and cars that stop suddenly on turns.

Head-On Collision Car Accident Fault

Head-on collisions can be some of the most deadly car accidents that occur on the road due to the speed and force of impact. When it comes to determining fault for these kinds of accidents, it depends on whoever was traveling in the wrong direction which is usually how these accidents occur. Someone may veer into the wrong lane because they are drunk, distracted, or tired.

Side Impact Car Accident Fault

Many side-impact accidents occur because a vehicle failed to yield to an oncoming vehicle or failed to obey stoplight signals or a stop sign. These accidents are also commonly known as t-bone accidents because of the t-shape of the perpendicular nature of the collision. The fault for these accidents will typically fall with whoever failed to obey the traffic conditions at the time whether it is a stoplight being run or a left-turning car failing to yield to oncoming traffic with the right of way.

Contact an Experienced Florida Car Accident Attorney

The best thing you can do when you are severely injured in a car accident is to seek a lawyer experienced in car accident injury claims. You technically could pursue a claim on your own but the odds of you successfully navigating the many pitfalls of insurance tricks and the legal process is greatly diminished. Insurance companies have everything they need to successfully deny a claim; as that is their goal since profits are their main priority. Insurance companies have the experience, personnel, resources, lawyers, and money to fight a claim to any extent necessary. If it turns into a “who can withstand the storm longer” type of situation, the answer will always be the insurance company when competing against an injured victim on their own.

It doesn’t cost you anything to get an injury attorney to look at your case. Likewise, car accident lawyers don’t cost anything out of your pocket since they work on a contingency fee basis. This means they take a percentage of the settlement once the claim is seen through and don’t get paid at all if the injury victim doesn’t recover financial compensation. You or your loved one are likely significantly injured if you are even considering hiring a car accident attorney in the first place. So you should focus on your recovery while a professional works to maximize your settlement with the insurance companies and courts.

If you have been injured in a car accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case. You can contact us online or call us at 772-225-4900.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994


Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601


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Attorney Jon Eberst

Attorney Jon Eberst

Jonathan Eberst, the driving force behind The Eberst Law Firm, is known in his community and across Florida for knowledge and skill in the personal injury industry. Respected for his friendly and help attitude, he has consistently helped thousands of clients, ensuring their rights are upheld. Jon's profound expertise makes him a sought-after voice in the legal community, both online and in-person.

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