Can You Still Get Compensation If You Were Partly at Fault for a Car Accident in Florida?
Car accidents are not always completely one person’s fault. Maybe you were driving slightly over the speed limit when another driver ran a red light. Maybe you changed lanes at the wrong time while the other driver was distracted. When both drivers may have contributed to an accident, you might wonder whether you can still receive compensation for your injuries and other losses.
In Florida, being partially at fault does not always mean you are unable to recover compensation. Florida follows a modified comparative fault system, which means that the amount you may recover can depend on how much responsibility you had for causing the accident.
For example, imagine that you are involved in an accident and suffer $50,000 in damages. If you are found to be 20% responsible for the accident, your compensation could generally be reduced by that percentage. Instead of recovering the full $50,000, you could potentially recover $40,000.
However, the percentage of fault becomes especially important under Florida law. If you are found to be more than 50% responsible for your own harm in a negligence case covered by Florida’s comparative fault law, you generally cannot recover damages. This means there can be a major difference between being considered 40% at fault and 60% at fault.
Determining fault is not always as simple as what each driver says happened. Police reports, photographs, videos, witness statements, vehicle damage, and other evidence may all help show how an accident occurred. In some cases, both drivers may have different versions of what happened, making this evidence even more important.
It is also important to be careful about immediately assuming or admitting that you caused an accident. Right after a crash, you may not know whether the other driver was speeding, distracted, or violating another traffic law. You may also not know whether nearby businesses, traffic cameras, or other drivers captured the accident on video
An insurance company may also decide that you were partially or mostly responsible for the accident. However, an insurer’s initial determination does not necessarily tell the entire story. Evidence from the accident may provide additional information about what happened and how responsibility should be divided.
If you are involved in an accident where fault is unclear, call the police when appropriate and document the scene as much as you safely can. Take pictures of the vehicles, damage, road conditions, traffic signs, and any visible injuries. Collect contact information from witnesses, seek medical attention, notify your insurance company, and keep records of expenses related to the accident.
Most importantly, do not automatically assume that being partially responsible means you have no options. Florida’s comparative fault rules can have a major impact on how much compensation may be available. Because every accident is different, speaking with a Florida personal injury attorney can help you understand how fault may affect your claim and what options may be available to you.
Credit To – Luca LaMonaca, University of Miami Graduate Candidate, Intern and Jennifer Netska Esq.
