In general, personal injury laws aim to compensate victims for the physical, emotional, and financial losses they suffer after an accident. However, there is another aspect of this concept that you may not realize. Florida has a statute on comparative negligence that highlights the negligent actions of the victim of an accident, if any.
The statute does apply to traffic crashes, so you need to assess the basics if you were involved in one. Ask a Miami car accident lawyer about the details, and read on for an overview on how comparative negligence affects car accident lawsuits in Florida.
How Comparative Fault Impacts Car Accident Settlements in Florida
Florida follows a pure comparative negligence rule, which means that even if you are partially at fault for a car accident, you can still recover damages. However, your compensation will be reduced by the percentage of fault assigned to you.
For example, if you are found 20% at fault and your total damages are $10,000, you would receive $8,000. This system ensures fairness by holding each party accountable for their actions. Understanding this principle is crucial when negotiating settlements or going to trial.
Examples of Comparative Negligence in Miami Auto Crashes
Comparative negligence often plays a significant role in Miami car accident cases. For instance:
· If a driver runs a red light but the other driver was texting at the time of the crash, both may share blame.
· Another common example involves rear-end collisions where the lead driver suddenly brakes without reason, contributing to the accident.
· In a chain-reaction crash, comparative negligence may apportion fault among all motorists involved.
These scenarios highlight how fault can be divided, emphasizing the importance of thorough investigations and evidence to determine the degree of each party’s responsibility.
Can I Still Recover Damages if I am Partially at Fault in Florida?
There are two answers to this question, due to recent changes in Florida’s statute on comparative negligence.
1. Yes, you can recover damages if you are found 40% responsible for an accident. You can still collect 60 percent of your damages.
2. When the portion of fault hits 50% or more, you are barred from recovering any compensation.
This rule benefits accident victims by ensuring they are not entirely barred from seeking compensation due to shared fault. However, a victim who was the primary source of negligence cannot recover damages.
Proving the exact percentage of fault can be complex, requiring strong legal representation to argue effectively on your behalf and maximize your recovery under Florida law.
Our Miami Car Accident Attorneys Will Assist You with the Process
Because comparative negligence can have such a major impact, it’s wise to retain experienced legal counsel to guide you. An auto crash lawyer can help you navigate the complexities of determining fault and ensure you receive fair compensation, even if you’re partially responsible for the accident. The legal team at Gerson & Schwartz, PA, has extensive experience handling comparative negligence cases in Miami, Fort Lauderdale, and West Palm Beach. Please visit us online or call (305) 371-6000 to schedule a free consultation today.