Who determines who is at-fault for a Florida car accident?
We get this question all the time: Who determines who would be at fault for an automobile accident? Well, first of all, Florida works under what's called a comparative negligence theory. And what that means is that an apportionment of fault based on a percentage for all the parties that may be responsible, who makes that determination or who decides what percentage each party would be at fault. Ultimately, if the case goes to trial, it would be the jury making that decision, but most cases settle without having to go to court. So, ultimately it's a negotiated decision between typically an insurance company, a defendant, and the plaintiff.