Getting into a car accident is stressful enough, but it becomes even more complicated when you share some of the blame. If you were partially responsible for a crash in Florida, you might wonder whether you can still recover any compensation for your injuries and losses. The good news is that Florida’s negligence laws allow injured parties to seek damages, but there are important limitations to keep in mind. Understanding how Florida’s 51% negligence rule works can help you make informed decisions about your case. Let Freidin Brown P.A. law firm review your case to determine what your next steps should be.
What Is Florida’s 51% Negligence Rule?
Florida follows a modified comparative negligence system. This means that the amount of compensation you receive depends on your level of fault. Under this system, if you are 50% or less responsible for an accident, you can still pursue compensation. However, if you are found to be more than 50% at fault, you lose your right to recover any damages.
This rule is relatively new in Florida. Previously, the state followed a pure comparative negligence system, allowing injured individuals to recover compensation even if they were 99% responsible for an accident. The change in the law makes it more difficult for those who share significant fault to obtain financial recovery, making legal representation even more necessary. A trusted Florida personal injury lawyer, such as those at Freidin Brown P.A., can evaluate your case and determine the best path forward.
How Does Shared Fault Affect Your Compensation?
If you are partially responsible for an accident, your compensation is lowered by your percentage of fault. For instance, if all of your damages amount to $100,000, but you are found 30% responsible, you would only be eligible to recover $70,000. This reduction reflects your portion of responsibility for the incident.
Insurance companies are known for trying to assign as much blame as possible to lower their payout. They may argue that your actions contributed more to the accident than they actually did. This is why having an experienced Florida personal injury attorney is very important. Your lawyer can challenge unfair fault assignments and fight for the maximum compensation you deserve.
Factors That Influence Fault Determination
Determining fault in an accident isn’t always easy or straightforward. Several influencing factors include:
- Police Reports: Law enforcement officers assess the scene and document their findings, which can influence fault decisions.
- Eyewitness Statements: Independent witnesses provide valuable perspectives on how the accident happened.
- Traffic Camera or Dashcam Footage: Video evidence can help clarify exactly what happened.
- Vehicle Damage and Accident Reconstruction: Experts analyze the damage to determine the likely sequence of events.
- Driver Behavior: Speeding, distracted driving, or failure to obey traffic laws all contribute to fault assessments.
Because insurance adjusters will use any available evidence to limit their liability, it is important to gather as much supporting documentation as possible.
What to Do If You Share Fault in an Accident
If you believe you were partially responsible for an accident, taking the right steps can help to protect your claim:
- Seek Medical Attention: Even if you feel your injuries seem minor, getting a medical evaluation ensures proper treatment and documents your condition.
- Do Not Admit Fault: Avoid apologizing or making any statements that could be interpreted as an admission of guilt.
- Collect Evidence: Take pictures of the scene, ask for contact information from eyewitnesses, and obtain a copy of the police report.
- Speak With a Florida Personal Injury Lawyer: An attorney can look over your case, negotiate with insurance company reps, and ensure you receive fair compensation.
Why Legal Representation Is Critical
With Florida’s 51% negligence rule in place, insurance companies will aggressively argue that you bear the majority of the fault to avoid paying a settlement. Without legal representation, you risk receiving less than you deserve or even losing your right to compensation altogether.
A Florida personal injury attorney will gather crucial evidence, build a strong case, and counter any attempts to shift excessive blame onto you. Having a lawyer on your side significantly boosts your chances of securing a fair outcome.
Talk to a Florida Personal Injury Lawyer Today
If you were injured in a car accident and believe you may share some fault, do not hesitate to seek legal advice. The sooner you take action, the better your chances of securing compensation. Contact a Florida personal injury lawyer today to look over your case and explore your legal options.
