Car Accident Comparative Negligence

More than one driver is often at fault when a car accident occurs. In Florida, you may still file a claim on another driver’s auto insurance policy, even if you were partly at fault for the crash. Of course, whether you should file a car accident case is something you should discuss with an experienced car accident lawyer.

Damages Will Be Divided

Florida is a pure comparative negligence state. This means you may recover damages regardless of how much fault is attributed to you. However, the compensation to which you are entitled will be reduced by your percentage of fault.

Let’s consider an example of how contributory negligence works. Imagine, for example, that Driver One blows through a stop sign and hits Driver Two, who was lawfully in the intersection. Driver Two happened to be changing the radio station at the time and did not see the car coming. Because of this, he was unable to take evasive action.

During settlement negotiations or at trial, a percentage of fault will be assigned to each driver. After considering all of the evidence, the two parties or the court may decide that Driver One, who didn’t stop for the stop sign, was 80 percent responsible for the crash and that Driver Two, who was distracted by the radio, was 20 percent responsible. If you were Driver Two in this scenario and you were hurt in the crash, the compensation you could receive from Driver One’s insurance company would be reduced by 20 percent.

Protect Your Fair Car Accident Recovery

Determining fault requires a thorough investigation, convincing evidence, and compelling legal arguments. A car accident lawyer can help you identify whether you have a case worth pursuing and work hard to get you the recovery you deserve. To learn more about your rights and to start protecting your fair car accident compensation, please contact Louis Berk today for an honest initial case evaluation.