Sometimes, two or more parties may share fault for a car accident. When an injured party may bear some responsibility for causing the car crash that injured them, Florida’s comparative negligence laws may affect the case’s outcome. A car accident attorney can fight for maximum compensation for your injuries and losses if the other driver accuses you of sharing some of the fault for the crash.
Understanding Comparative Negligence
Comparative negligence is a legal doctrine that affects an injured party’s ability to seek compensation if that party bears some responsibility for causing their injuries. The comparative negligence rule reduces an injured person’s financial recovery in a legal claim in proportion to the share of fault they bear for their injuries. States that have adopted the comparative negligence rule use one of two systems: pure and modified comparative negligence. In a pure comparative negligence system, no amount of partial fault can bar an injured person from pursuing a compensation claim; the person may bear 99 percent of the fault and still pursue a claim to recover some compensation. Conversely, modified comparative negligence systems cap the percentage of fault an injured person can bear; when a person’s share of fault exceeds the cap set by state law, they lose the right to pursue a compensation claim.
Florida’s Modified Comparative Negligence Rule
Florida uses a modified comparative negligence rule. Under Florida law, a person who bears more than 50 percent of the fault for their injuries may not recover compensation. Otherwise, an eligible injured party’s share of fault will proportionally reduce their financial recovery in a car accident claim.
How Comparative Negligence Affects Compensation in Car Accident Claims
Comparative negligence can affect an injured driver’s financial recovery in a car accident claim by reducing the compensation they secure. For example, suppose an injured driver files a car accident lawsuit, and the jury finds that driver 40 percent at fault for the crash, awarding the driver $100,000 for their losses. In that case, Florida’s modified comparative negligence rule will require the trial court to reduce the driver’s financial recovery by $40,000 to account for their 40 percent share of fault for the crash; the driver ultimately receives $60,000 in compensation. However, suppose the jury finds the driver 55 percent at fault for the accident. In that case, the Florida modified comparative negligence law will bar the driver from recovering any compensation in their lawsuit.
Proving Fault in a Car Accident
Proving fault for a car accident in Florida may require various pieces of evidence to determine what happened and identify which party’s actions or omissions caused the accident. Examples of evidence used in car accident cases include:
- Police motor vehicle accident reports
- Accident scene photos/videos
- Eyewitness statements
- Surveillance/traffic camera footage
- Dashcam footage
- Data from the involved vehicles’ event data recorders (“black boxes”)
- Vehicle maintenance records
- Post-crash vehicle inspections
- Accident reconstruction expert reports
Steps that drivers should take to protect themselves from comparative negligence claims include:
- Promptly reporting accidents to law enforcement
- Taking photos and videos at the accident scene
- Gathering contact information from eyewitnesses
- Downloading and preserving footage from their vehicle’s dashcam (if equipped)
- Reporting the crash to their insurance company
- Contacting a car accident attorney as soon as possible for legal representation
Contact a Car Accident Attorney Today
After getting injured in a car accident where the other driver has blamed you for the crash, you need experienced legal advocacy to protect your rights and interests. Contact Hutch Firm today for a free, no-obligation consultation with an auto accident lawyer to discuss how Florida’s comparative negligence laws may affect your case.