Sharing The Cost Of An Accident
After suffering an injury, the last thing a person may want to hear is that they are not going to recover the full amount of the money they need to pay for medical bills and other non-economic losses because of something they did. However, under the law in most states, the actions of a person who suffers an injury may be taken into consideration in determining his role in the accident, and if necessary diminishing the amount of damages payable to them.
In some states, any fault attributable to the victim in causing the accident acts to completely bar the victim from recovery. However, Florida follows the comparative negligence doctrine, where the victim may recover after the accident even though he partially caused the accident, although the ultimate judgment is diminished by a percentage that represents the victim’s fault. Therefore, in determining fault in the case, a judge or jury decides each party’s fault in percentages, and determines how damages are to be paid based on those percentages. Under Florida law, even if the injured party is 99 percent at fault for the accident, they are not barred from recovery, however, they can only recover one percent of their damages. If more than one person is responsible for the injuries, they are each liable for their percentage of the damages to be paid.
Example Of Comparative Negligence Fault Division
As an example, let’s say a person is driving in a car and fails to stop at a stop sign. Just as this happens, another driver, A, runs a red light and yet another driver, B, fails to stop to avoid driver A because he was texting and did not see A run the light or notice the other car. If there is an accident and the driver who failed to stop at the stop sign sues, he may still recover for his injuries even though he was partially to blame for the accident. If the total recovery in the case is $100,000, and the injured person is found to be 25 percent at fault in an accident, and two other drivers, A and B are found to be 40 percent and 35 percent at fault respectively, the injured person would recover $75,000. Driver A would be liable for $40,000 and B for $35,000 under this scenario.
Determination of fault is based on the evidence in the case. Witness testimony, accident recreation, photographs, and other evidence that is introduced in the case to prove which party caused the accident, and what role the victim and others played. The ultimate decision lies with the judge or jury. However, an experienced personal injury attorney can be able to advise you on how to proceed with your case based on your actions in the accident. In some cases, a settlement with the other parties involved in the accident may be possible if it is in the best interests of your case.
Contact An Experienced Fort Lauderdale Personal Injury Attorney
If you were injured as a result of another person’s negligence, you need to consult with an experienced personal injury attorney. Even if you think the accident was partly your fault, you may still be able to recover for your injuries. Contact the experienced Fort Lauderdale personal injury attorneys from Boone & Davis for a consultation today.
