“He said, she said” accidents in Florida; who is at fault? Can both sides be found at fault?
“He said, She said” accidents in Florida are difficult cases to analyze. This sort of case comes in many types but the most typical is at a light where cars are going in perpendicular directions and each says they had the green light and there is no suggestion that there is something wrong with the light. Thus, only one person can have the green light but both claim the green light, which would imply the other has a red light. Generally, if there is a witness who is independent (not someone in either car and not someone who knows either driver) who can state that one car had the green light (usually this person is driving behind one of the cars or is at the intersection for some other reason) then generally that driver’s chance of wining the case is very good. If there are no witnesses, so it is just a case of each car saying they have the green light, it is very difficult to determine how that is going to map out in court. In theory, a jury could side with one car or the other, if they really find that driver to make a more credible witness. The other issue is generally that in theory a jury could not side with either car, as they could find that each car has not met its burden of proof of proving by the greater weight of the evidence that the other car is at fault. In some situations, a jury could find 50-50 fault, assigning 50 percent of blame (or any other percentage based on the evidence) to each car.
If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. The law firm only charges fees and costs if it recovers money for you. Attorney Gary Drucker offers a free consultation in any of the offices or at your home or in the hospital. Please call to set an appointment today!
It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.