Thank goodness, you survived your traffic accident. However, you sustained significant, long-term injuries that will require compensation to treat. Unfortunately, you may share part of the responsibility for the accident. If so, please read on, then contact one of our experienced Orlando car accident attorneys to learn what happens if you are partially responsible for a car accident in FL.
Am I entitled to compensation if I share fault in an FL car accident?
Under the rule of comparative negligence in Florida, accident victims can recover compensation for their damages in a car crash, even if they are partially at fault. To determine how much money should be awarded, the court will compare the negligence of each party, assigning each person a percentage of fault.
For example, the jury decides your total damages should be $100,000, including your medical bills, lost income, vehicle damage and “pain and suffering.” At the same time, the jury decides that you are 40 percent responsible for the accident. As a result, you will receive 60 percent of the $100,000 total, i.e. $60,000.
By the same token, if the jury finds the majority of fault is yours, say, 90 percent, you are still entitled to the percentage of the defendant’s fault. However, you will be on the hook for 90 percent of the other driver’s damages. If you need assistance determining your share of the fault, you should reach out to one of our skilled Orlando motor vehicle accident attorneys today.
How is fault assessed in FL car accidents?
First off, we must inform you that Florida has no magic formula for calculating the share of fault in car accident cases. Nonetheless, the court and investigating bodies will examine all of the circumstances surrounding the accident. Generally, they will rely on the following:
- Traffic control devices: Did you run a red light or disregard a stop sign?
- Speed limits: Were you driving too fast?
- Weather conditions: Was it raining heavily, but you drove like it was not?
- Cell phone usage: Were you talking on your phone or texting while your vehicle was in motion?
- Witness accounts: Did you disobey the common rules of the road, i.e. failing to signal a turn or lane change? What do the police say happened?
Determining fault is a subjective process, so please give us a call to help the blame be assigned properly.
Contact our experienced Orlando firm
Our firm understands the repercussions of a serious accident. If you are injured due to another party’s negligence, you should not have to fight the uphill battle for financial compensation on your own. When you hire one of our attorneys, you are hiring a devoted, caring, and aggressive attorney who will tenaciously fight for your rights. If you or someone you know was injured in an accident and wishes to schedule a consultation, please do not hesitate to contact Attorney Schmitt of the Florida Personal Injury Law Team today.