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Determining Fault in a Car Accident Case

Posted by Michael G. Butash | Mar 08, 2019 | 0 Comments

Many drivers who have been in a car accident often blame the other driver's negligence as the reason why they got hit, even if deep down they know it was their fault. This is because often the driver who is at fault will have negative effects brought upon them by their car insurance company. This is why it is always a good idea when you get into a car accident to call an auto accident attorney. Florida residents might imagine that a legal professional will only be useful if they are in a court battle from their car accident but this is not true. Investigations and proving fault are also a huge aspect of getting involved with a car accident and insurance companies.

Be Careful of First Initial Statements

Most people are so taken aback by being involved in a car accident that they are not in the right state of mind to be answering questions or telling recounts of what happened. When a police officer arrives at the scene, they are required to take statements of all those who were involved, and any witnesses that might have seen the accident. As is often stated by an auto accident attorney, Florida residents need to be very careful what they say to a police officer because it can significantly jeopardize their case. In the worst-case scenario, an individual can inadvertently admit to causing a car accident that in all actually was not their fault.

How Else can Fault be Determined?

In some instances, the official police statements that were taken could be enough to assign fault without the assistance of a car accident attorney. Florida residents should know that if no one admits to being at fault in a car accident, they might have to prove it. A legal professional representing you may be required to collect evidence and take statements independently of first responders in order to prove that you are not at fault for causing an accident. This can be done in many ways such as taking photos of the vehicles after an accident, obtaining traffic camera footage, or by understanding and analyzing the angles of impact on the vehicles.

*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Butash Law Group*

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...


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