Assuming partial blame for a car accident is relatively common in Florida. Often, car crashes aren’t only one person’s fault. They involve several overlapping circumstances, and multiple parties assume some of the blame.
Navigating partial fault in a car accident might feel confusing. Can you still seek compensation or file a lawsuit if you were partially to blame? The answer depends primarily on your percentage of fault.
Under Florida law, insurance companies can assign partial blame to multiple parties in an accident. Florida follows a “pure comparative negligence” policy for accidents.
As long as a person is no more than 50% responsible for an accident, they can still seek compensation from the other driver or parties involved. If they are more than 50% responsible, they will be barred from seeking compensation.
A person’s fault percentage also impacts the amount of compensation they can receive. If you were 20% responsible for an accident, for example, you would only be able to seek 80% of your damages.
Other states follow other policies for assigning partial fault. Some states, like Alabama and North Carolina, follow a contributory negligence policy that bars accident victims from seeking compensation if they were even 1% at fault. Florida’s laws are much less harsh.
Florida’s pure comparative negligence laws might affect your car accident case in a couple of different ways:
You may still have the right to file a lawsuit if you were 50% or less responsible for the accident. However, you should understand that your payout will be less than the full value of your damages.
Insurance companies are typically responsible for making the fault percentage calculation. If you disagree with their calculation, you may be able to appeal the decision or challenge it with the help of an attorney.
Taking steps to prove that you do not share any partial fault in a car accident will help you maximize your payout. All of the following evidence may help strengthen this claim:
If you believe you were in no way at fault for the accident, your attorney will help you prove this point and seek to remove the insurer’s shared liability determination. But if their determination is reasonable, your attorney can instead strive to maximize your compensation award despite any reductions due to shared fault.
Sharing partial fault in a car accident may feel stressful, but if your fault percentage is 50% or less, you still have the right to seek compensation from the other driver in Florida. Our attorneys at Fenstersheib Law Group, P.A., will help you navigate this process and gather compelling evidence to strengthen your case.
Call us today at 800-TellRobert (800-835-5762) or 954-456-2488 to schedule a free consultation with our car accident lawyers.
Q1: Can I still file a lawsuit if I was partially at fault in a Florida car accident? Yes, in Florida, under “pure comparative negligence,” you can file a lawsuit if you are 50% or less at fault. However, your compensation will be reduced by your fault percentage.
Q2: How does partial fault affect my compensation in a Florida car accident case? If you are found partially at fault, your compensation is reduced proportionally to your percentage of fault. For example, if you are 20% at fault, you can receive 80% of your damages.
Q3: What evidence can help minimize my fault percentage in a car accident? Evidence such as photos, videos, witness testimonies, accident reconstruction reports, references to similar cases, and dashcam footage can help minimize your fault percentage.
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