Car accidents are often complex events, and liability isn’t always exclusive to one party. If you’ve been injured in a Florida car crash, you may wonder whether you can recover damages if you’re partially at fault. The answer is often yes, but Florida’s modified comparative negligence law directly impacts your ability to collect compensation. Continue reading and work with a skilled Panama City car accident attorney for legal assistance today.
How is Fault Determined in a Car Accident Case?
Fault in a car accident case is mainly determined by insurance adjusters, and subsequently, by a jury or judge if the case proceeds to court. This determination is based on the legal standard of negligence, which requires proving four elements: duty of care, breach of duty, causation, and damages.
Adjusters and courts analyze evidence to establish who failed to exercise reasonable care and whether that failure directly caused the accident and resulting injuries. Relevant evidence includes police reports, witness statements, accident scene photos, medical records, and traffic laws. In Florida, the concept of comparative negligence is applied, meaning the court or adjuster must assign a specific percentage of fault to each party involved, directly impacting the amount of damages recoverable.
What is Comparative Negligence?
Comparative negligence is a legal concept used to allocate fault and determine the amount of damages recoverable when multiple parties contribute to an accident. States recognize that accidents are rarely clear-cut, and an injured party may share some responsibility for the incident that caused their harm. Comparative negligence allows insurance adjusters and juries to work with this fact and ensure a fair outcome of compensation based on each party’s liability.
Can I Recover Damages if I’m Partially At Fault for an FL Car Accident?
In Florida, yes, you can recover damages even if you are partially at fault for a car accident, due to the state’s comparative negligence system. However, it depends on the percentage of fault you are assigned.
Florida used to be a pure comparative negligence state, but transitioned to a modified system in a new law. If a court or insurance adjuster determines you are 50% or less at fault for the accident, you can still recover damages. However, your total damages will be reduced by your assigned percentage of fault.
For example, if your total damages are determined to be $100,000, and you were 25% at fault for the crash, your final award will be reduced by $25,000. You would therefore recover the remaining $75,000. However, if you are found to be more than 50% at fault for the accident, you are barred from recovering any damages from the other party.
As long as you are not more than 50% liable for the car accident, you will still have the opportunity to recover compensation for your damages. For more information and to secure the help of an experienced legal professional, reach out to a skilled attorney at Manuel & Thompson today.
