Will My Car Accident Claim be Dismissed if I Was Partially at Fault for the Crash?
It’s not always easy to apportion blame when it comes to car accidents, especially in cases that involve more than two vehicles. Fortunately, accident victims are not limited to obtaining compensation in cases where they were completely free of blame in causing an accident. Instead, Florida adheres to the legal theory of pure comparative negligence, under which those who are involved in collisions and who contribute in some way to their accidents, can still recover compensation for some of their losses. To learn more about how fault is assigned in Florida auto accident cases and whether you could be entitled to reimbursement for your own crash-related losses, including medical bills and lost wages, please contact one of our experienced auto accident lawyers today.
Pure Comparative Negligence
All states have their own approach when assigning liability in car accident cases. Some states, for example, do not allow accident victims to recover compensation for their losses if they contribute in any way to their accident, while others bar victims from recovery if they are found to be more than 50 percent at fault for a crash. Florida, however, follows a pure comparative negligence rule, under which motorists who are deemed to be partially at fault for a collision can still recover compensation, although in a reduced amount. Basically, a person’s recovery will be limited by how much he or she contributed to an accident. If, for example, a person is found to be 20 percent at fault for a crash, his or her claim would be reduced by the same amount, so if that person’s losses totaled $100,000, he or she could expect to have any award reduced by 20 percent for a total of $80,000.
Assigning Liability
Because so much of the accident recovery process hinges on how much an injured party contributed to a crash, a significant portion of the claim filing process involves collecting evidence of fault by both sides. For instance, an injured party may provide eyewitness testimony to prove a lack of negligence in causing an accident, while the other driver may present contrary testimony or somehow discredit the plaintiff’s allegations, perhaps with a video recording of the crash. Both sides might also look for assistance from accident reconstruction experts, or submit evidence of physical proof, such as skid mark measurements or photographs from the scene of the accident, in order to support their claim for damages.
Contact a Florida Car Accident Lawyer Right Away
Having an experienced auto accident attorney on your side can make all the difference to the outcome of a case, so if you or a loved one were hurt in a car crash and you need help collecting compensation for your losses, please don’t hesitate to reach out to the Fort Lauderdale auto accident attorneys at Boone & Davis. We can be reached at our office by calling 954-566-9919 or by submitting one of our brief online contact forms. A member of our team is standing by to begin working with you through each step of your case.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
