Car Accident in Orlando – How Do You Determine Fault?

Boom, crash, bang. Being involved in a car accident in Orlando can be a rollercoaster ride, and not the fun kind of rollercoaster ride you enjoy at Universal Studios or Disney World. No, these are the kinds of rollercoaster rides you wish you could avoid and get off of immediately.

Starting with the initial shock of the car accident, then onto the emotional trauma, the injuries, the expenses, and the lawsuits, and finally ending with the long-term medical issues; car accidents are no fun. It’s too important that you know what steps to take after a car accident, which Orlando personal injury lawyer to talk to, and importantly, how to determine fault.

But here’s the thing, proving that the other party is at fault in a car accident in Orlando is not easy. In fact, your statement won’t be enough to convince the court that the other driver is at fault for the accident. So if you want to get proper compensation, here are some ways to determine fault with the help of a good lawyer.

Determining fault in car accident pointing fingers

The Police Report

Be sure to check the police report for any traffic violations. Every state has vehicle codes that help maintain order on the road and in most cases, a police report will include any possible violations from the other party that led to the accident.

For instance, the police may have observed that the driver was exceeding the speed limit or that he didn’t follow the traffic signs. This will help you support your claim that he was at fault and this could be a basis for breach of duty of care because of negligence. Here are 10 things you should AVOID doing right after a car accident in Orlando.

Find Credible Witnesses

Chances are, some people saw the accident and they can help you prove your claim with their statements. The court would usually honor an objective witness or one who’s not partial to you or the other party.

That is why it’s essential to ask for the information of people at the scene so you can contact them later to be a possible witness. We have also created a list of questions you can 5 questions you can ask car accident witnesses which may help you determine who is at fault after the accident.

Show The Damages

There are instances when a case has no-doubt liability or it’s obvious that the other party is really at fault for the accident. This is when it counts to take photos of the scene and the damages caused to your car and other properties.

For instance, a rear-end collision is usually proof of a no-doubt liability since the other driver struck your vehicle in front of him. This is also a sign of negligence since drivers should follow a safe distance from the car in front of them just in case it suddenly stops.

Determine The Exact Liability

There are many reasons for an accident, but most of the time, it falls under the four elements of liability: duty of care, breach of duty, causation, and damages. Determining the exact liability may be challenging if you do it alone, so you have to seek help from a lawyer who can help you produce evidence and argue your case in court.

There’s no easy way to prove your claim that the other driver is at fault during a car accident in Orlando. But with the right steps and the help of the right lawyer, you can definitely argue your case in court and get the settlement that you deserve for your injuries, lost wages, property damage, and emotional experience.


And, although Florida is a “no-fault” state, you still need to file a claim to be able to get assistance for all the hassles caused by the accident. Learn more about PIP insurance in Florida and be sure to ask your lawyer as many questions as it takes until you are comfortable.

It’s vital that you always worry about yourself and your family first, especially right after an accident. Injuries can somtimes only menifest days or even weeks after an accident, so be sure to get see a medical professional as soon as possible.

About The Author

Sean Greene

Sean Greene

The Florida BarFlorida Bar Young Lawyers DivisionMillion Dollar Advocates ForumMillion Dollar Advocates ForumBest Workers Compensation Attorneys in MiamiBest Car Accident Lawyers in MiamiLawyers of distinction

Sean J. Greene has recovered more than $150 million in the past 10 years for clients. He specializes within the firm in wrongful death, personal injury, medical malpractice, nursing home malpractice, and product liability cases. Sean has represented coaches and players in the National Football League (NFL) and Major League Baseball (MLB) who have been victims of personal injuries. In 2001, after winning a trial on liability, he recovered $11,200,000 for the family of David Griggs, the former Miami Dolphins player who died in an automobile accident in Broward County, Florida. He has received the highest distinction of an AV® rated attorney by Martindale-Hubbell, which recognizes Sean as possessing “Very High-Preeminent” legal ability with “Very High” ethical standards. Additionally, he is a member of the prestigious Multi-Million Dollar Advocates Forum whose membership is limited to trial lawyers who have achieved a trial verdict or settlement in the amount of $1,000,000 or more. Sean is widely known in South Florida, as he cohosted the TV program “Your Legal Rights” and lectures throughout the state of Florida on various legal issues.