If the accident was witnessed and if there is a consensus of the facts from independent witnesses, then that determination is more easily assisted. If one vehicle was coming from a corner with a stop sign and the other vehicle had the “right of way” that assists the trier of fact in determining fault. If there was a traffic control light oftentimes both of the vehicles involved in a Fort Lauderdale, Florida intersection accident may claim that they had the green steady or green turn signal indicator, and beyond that there is an endless list of other often false explanations that the party at fault attempts to use to avoid their responsibility.
A Fort Lauderdale, Broward County Circuit Court will weigh all the evidence in order to determine who is at fault and to what percentage. Florida’s Tort Law allows a Fort Lauderdale, Florida jury to consider each party’s fault and determine what percentage, if any, of the fault may be attributable to each party involved in a Fort Lauderdale, Florida car, SUV, minivan, motorcycle or truck accident. This procedure of assigning percentages of fault is referred to in Florida as determining “comparative fault”.
Most of the time defense attorneys and the insurance companies that are providing the actual defense for most vehicular accident law suits attempt to attribute some percentage of fault against the innocent victim of a Fort Lauderdale crash in order to minimize the amount of money that the defendant and ultimately, its Florida insurance company may need to pay.