How is fault for a car accident determined?
Determining who is at fault for a car accident involves an assessment of whether one or both the drivers were negligent. Negligence means the failure to do something that a reasonably careful person would do, or the doing of something that a reasonably careful person would not do under the circumstances. The law does not specifically address how a reasonable person would act, that is an issue for a jury to decide. In determining fault for a car accident, police reports, witness statements, accident reconstruction as well as the Florida Traffic Code may be useful.
