What Happens if You're Partially at Fault for an Accident?

Having a clear understanding of who’s at fault in a car accident in Florida is highly important to your case. When an accident happens, many people worry that being partly at fault will disqualify them from any recovery, but that isn’t necessarily the case.

Let’s guide you through Florida’s comparative negligence laws, how they work, and what they mean for accident victims seeking compensation in shared-fault scenarios. Understanding these laws can help you make informed decisions about your next steps and whether or not you could benefit from a personal injury attorney.

What Is Florida’s Comparative Negligence Law?

Comparative negligence is a legal principle that applies when more than one party is at fault in an accident. Rather than preventing recovery for those partially responsible, comparative negligence allows each party involved to seek compensation based on their degree of fault.

Florida follows a “pure comparative negligence” system. This means that even if you’re partially responsible for a car accident, you may still recover compensation for damages. However, the total amount you’re awarded will be reduced in proportion to your share of the fault.

For example, if you are 40% at fault, your recovery amount will be reduced by 40%. This approach encourages fairness, ensuring that everyone’s responsibility in the accident is taken into account.

How Comparative Negligence Can Affect Your Recovery

Under the state’s comparative negligence law, the amount you can recover in damages is directly reduced by the percentage of fault assigned to you. This means that the more responsibility you bear for the car accident in Florida, the smaller your compensation will be.

The impact of partial fault on recovery can be unfortunate when facing high expenses like medical bills or major property damage. If you have large losses, even a small percentage of fault can reduce your compensation by thousands of dollars.

Let’s demonstrate this: If you incurred $200,000 in damages and are found 20% at fault, your recovery would be reduced by $40,000. This is why it’s essential to understand and, if necessary, contest the percentage of fault assigned in your case, as it can majorly affect the financial relief you receive.

Establishing Fault in Comparative Negligence Cases

Now that we know that your damage recovery is based on the amount of fault assigned, we need to understand how that fault is established.

For most car accidents in Florida, the degree of fault is based on evidence. The following types of evidence are typically used to help clarify fault:

●       Accident Reports: Official police reports provide an objective accident record, often including details on road conditions and preliminary fault assessment.

●       Witness Statements: Statements from witnesses who saw the accident can provide important insights into the events leading up to and during the collision.

●       Video Footage: Security cameras, dash cams, or traffic cameras can capture the accident as it occurred, offering indisputable visual evidence.

●       Photographs: Photos of the accident scene, vehicle damage, and any visible injuries can support claims about how the accident unfolded.

Proving fault in shared-fault cases can be challenging, particularly because both parties may argue that the other bears more responsibility. Not to mention the possible involvement of insurance companies looking to limit their own liability. This is what makes it so important to keep in contact with a personal injury attorney throughout your case.

Florida’s No-Fault Insurance System

Florida is a no-fault state, meaning that after a car accident, each driver’s own insurance covers their initial medical expenses, regardless of who was at fault. This is known as Personal Injury Protection (PIP) coverage.

PIP usually covers up to $10,000 for medical costs and partial lost wages so accident victims can receive immediate financial assistance for essential expenses.

That being said, PIP is not a perfect system. First off, there are very few instances in which $10,000 is sufficient to cover severe medical expenses. There’s also the matter of non-economic damage, like trauma, which PIP does not cover.

Luckily, Florida law allows accident victims to pursue additional compensation beyond PIP limits. With the help of a qualified personal injury lawyer, you should be able to navigate these additional claims and ensure that all available compensation sources are explored.

How a Personal Injury Attorney Can Help in Shared Fault Cases

There are several ways in which having a personal injury attorney can work in your favor. Let’s go over the top three ways that these lawyers can help:

Gathering Evidence

As we discussed, organizing strong evidence is essential to establish a fair percentage of responsibility in shared-fault cases. An experienced attorney can help by investigating the accident and gathering evidence that may be difficult to obtain independently.

This includes securing accident reports, contacting witnesses for statements, gathering any available video footage, and taking detailed photographs of the accident scene.

Negotiating With Insurers

Dealing with insurance companies can be a pain, particularly when fault is shared. Insurance adjusters are skilled in minimizing payouts and may attempt to assign more fault to you to reduce your compensation. A lawyer experienced in shared-fault cases understands the tactics insurers use and can negotiate on your behalf to reach a fair settlement.

Litigation Support

If your car accident in Florida case cannot be resolved through settlement negotiations, it may need to proceed to trial. Attorneys can bring in accident reconstruction specialists and other experts who can analyze the accident scene and provide professional testimony about factors that influenced the accident.

This expert input can be particularly valuable in shared-fault cases, as it helps establish an objective view of each party’s level of responsibility.

Any More Questions? Contact Loutus Law Today partially at fault

Our team of personal injury attorneys is here to help answer any and all lingering questions you may have involving partial-fault accident cases.

We understand that the legal system can be incredibly difficult to navigate. This is why we pride ourselves on making our processes as simple as possible for our clients.

You don’t need to make any immediate decisions. Just give us a call at 772-617-0811 for a free consultation, and let’s talk about your situation.

Resources:

1. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

2. https://www.forbes.com/advisor/car-insurance/determining-fault-after-accident/

https://www.flhsmv.gov/insurance/#:~:text=Before%20you%20register%20a%20vehicle,to%20do%20business%20in%20Florida