Other Drivers Can Use Your Negligence Against You

In Florida, negligent drivers who cause serious injuries can be held liable for repaying the victim’s losses, including medical bills, lost wages, vehicle damage, and pain and suffering. This does not, however, mean that an accident victim’s own actions at the time of a crash won’t come into play when it comes to assigning liability. Read on to learn more about Florida’s new modified comparative negligence standard and how it could affect your own recovery.

Pure Comparative Negligence 

 Up until last summer, Florida drivers who contributed to their own accidents weren’t barred from seeking recovery regardless of how negligent their actions were at the time of their crash. Instead, their degree of negligence in contributing to an accident would lower the amount of damages for which they were eligible. Under this pure comparative negligence standard, an accident victim who was 99 percent at fault for causing an accident could still attempt to recover for the one percent that was not his or her fault. This, however, changed last year, when lawmakers enacted a new modified comparative negligence standard.

Modified Comparative Negligence in Florida 

Under Florida’s new modified comparative negligence standard, injured parties who contribute to their own accidents in some way can still expect their damages awards to be reduced in direct proportion to their degree of fault in causing an accident. If, for instance, a victim sustained $100,000 in damages as a result of a crash, but was ten percent at fault for causing the collision, then his or her award would be reduced by ten percent (to $90,000). This same standard still applies under Florida’s new modified comparative negligence standard, but only to a point. For instance, victims won’t be barred from recovery even if they contribute to their own accidents, but only if they are found to be no more than 50 percent at fault for the accident. When this number is exceeded, even by one percent, an accident victim can be barred from seeking recovery.

The Consequences of the Negligence New Standard 

Changing from a pure comparative negligence to a modified comparative negligence standard could have important repercussions for those attempting to file personal injury claims in the future. It makes the assigning of liability for an accident, for instance, particularly critical, as even the assigning of as little as one percent could sound the death knell for a victim’s claim. Working with an attorney who can properly investigate a case and present the strongest evidence in support of a claim is one of the best ways to avoid having a claim barred under this standard.

Contact Boone & Davis Today 

The dedicated Fort Lauderdale personal injury lawyers at Boone & Davis have the experience and resources to help accident victims recover compensation for their losses, even if they contributed in some way to their injuries. To learn more about the recent legal changes in Florida and how they could affect your personal injury case, please call our office at 954-566-9919 or reach out to our legal team via online message today.

Source:

flgov.com/2023/03/24/governor-ron-desantis-signs-comprehensive-legal-reforms-into-law/