Car accidents in Florida can quickly become complicated when determining fault. You are probably wondering if you can recover any compensation for your injuries, even if you were partially responsible. Florida follows a modified comparative negligence system. This means that your compensation could be reduced based on your level of fault. At Hunter Law, our auto injury lawyers help accident victims in Tampa understand how these laws work and the impact on their personal injury claims. This article discusses comparative negligence in Florida and what it means for your car accident case.
What Is Comparative Negligence in Florida?
Comparative negligence is the legal principle used to determine how fault is assigned when multiple people contribute to an accident. In Florida, there is a good chance you can still recover damages even if you were partially responsible for the accident. However, you should keep in mind that your compensation will be reduced based on your percentage of fault.
Under Florida’s modified comparative negligence rule, there is an aspect called the “51% bar rule.” This means:
- If you are 50% or less at fault, you are still able to recover damages. Ultimately, your compensation gets reduced by your percentage of fault.
- If you are 51% or more at fault, you are barred from recovering any damages from the other person involved in the accident.
For example, if it is determined that you were 30% at fault for the car accident and your total damages were $100,000, you would only be eligible to recover $70,000. This is your total damages minus 30%. However, you would recover no compensation. if you were 51% at fault.
How Fault Is Determined in Florida Car Accident Cases
Determining fault in a car accident happens through the examination of evidence. This is the best way to establish how each party contributed to the crash. Florida courts and insurance companies consider some specific factors when making this decision:
- Police reports that detail the accident and any officer observations at the scene. It should be noted that police reports, while considered by the insurance carrier, are not admissible as evidence in litigation.
- Eyewitness statements from passengers, bystanders, or other drivers that may have been involved in the accident or around when it happened.
- Traffic camera footage or dashcam recordings if they are available.
- Accident reconstruction analysis by expert witnesses.
- Medical records that link your injuries to the car accident.
Insurance adjusters review all of this evidence and assign a percentage of fault to each party involved. However, insurance companies often try to shift blame to minimize their payouts. That’s why working with an experienced Hunter Law injury lawyer can help protect your rights and make sure fault is assigned fairly.
Suing a Company for Negligence in a Florida Car Accident
In some circumstances, you may be able to sue a company for negligence. This is true if a commercial vehicle, delivery truck, or rideshare driver caused your accident. Employers can be held liable under vicarious liability laws. The courts or insurance companies could assign responsibility for their employee’s actions if the accident occurred within the scope of their job.
In cases involving rideshare drivers, trucking companies, or commercial fleets, you may be able to seek damages from both the driver and the company. However, these cases require strong legal representation from an experienced negligence attorney to prove liability and ensure fair compensation.
How to Protect Your Rights After a Car Accident in Florida
When you experience an injury from a car accident in Tampa, you need to take the right steps to protect your rights and maximize potential compensation. Make sure to:
- Get medical attention immediately: Even if you don’t feel like you are injured at first, you should still get seen by a doctor. Some injuries take time to surface, so you want the right documentation.
- Report the accident to the police: A police report is the best way to show official documentation of the crash.
- Gather evidence: Take photos, collect witness information, and document the details about the accident while it is still fresh in your mind.
- Do not admit fault: Unfortunately, when you get in a car accident, even a simple apology can be used against you in a comparative negligence claim. Therefore, don’t admit any fault when you speak to the other driver or the police.
- Speak with a car accident lawyer in Tampa: At Hunter Law, our team can help protect your rights and negotiate with insurance companies on your behalf.
At Hunter Law, our team is comprised of the best accident lawyers in Tampa. We work with you to build a strong case and challenge any potential unfair fault assignments.
Get Legal Help From the Best Lawyers for Auto Accidents in Tampa
If you were injured in a car accident in Florida, understanding comparative negligence is critical to your claim. At Hunter Law, our team of auto injury lawyers can help you fight for fair compensation. Whether you were partially at fault or need to sue for negligence, we can evaluate your case and negotiate with insurance companies. Contact us today for a consultation and to learn more about your rights after a car accident injury