Too many car accident victims fear seeking compensation for their accident-related injuries. In many cases, they believe they may be partially at fault for causing the accident. While fault certainly factors into a car accident case in Florida, that doesn’t mean you can’t pursue compensation for your injuries.
To seek the money you deserve for your injuries, start by getting informed about Florida car insurance laws. An attorney can explain how the state’s modified comparative fault rule applies to car accident lawsuits.
What Does It Mean to Be Partially at Fault in a Car Accident?
Being partially at fault in a car accident means you share some of the responsibility for causing the accident, but you are not entirely to blame. In most accidents, the fault isn’t always clear-cut. Car accidents can be complicated. The actions of both parties, to differing degrees, can play a role in contributing to the cause of the crash. It’s common for more than one driver to contribute to the crash somehow.
A distracted driver may cause a collision. However, if the other driver was speeding slightly at the time of the accident, they may also bear a portion of the fault for contributing to the accident. The actions of both drivers can influence how an accident happens and the overall outcome of the collision.
Collecting and preserving as much evidence as possible following a Florida car accident is the best way to protect yourself and begin building a case that demonstrates liability. Most individuals are afraid of pursuing compensation for their injuries after an accident when they know that their actions may have contributed to the crash. However, specific Florida laws mean many victims can still pursue money for their injuries.
How Partial Fault Affects Your Car Accident Compensation in Florida
Fault can impact a car accident claim in numerous ways. First, it helps to understand Florida’s car insurance laws. Florida follows a no-fault insurance system. After a crash, no matter who caused the accident, you file a compensation claim with your car insurance company. Motorists must carry personal injury protection, or PIP coverage, which covers the following after an accident:
- 80 percent of reasonable and necessary medical expenses
- 60 percent of income lost due to accident-related injuries
- Death benefits
In the no-fault system, even if you are partially responsible for causing the accident, you can still recover compensation for your injuries from your insurance company.
The fault percentage in an accident makes a difference if you are eligible to file a personal injury lawsuit against another party. Florida subscribes to the “modified comparative fault” system in civil lawsuits. This law allows fault and any resulting compensation to be divided based on each party’s degree of responsibility for causing the collision. Under modified comparative fault, an accident victim’s compensation diminishes by the same percentage as their level of fault for contributing to the accident. If the court reviews the evidence and believes an individual was 10 percent at fault, compensation gets reduced by 10 percent.
You can sue if you’re partially at fault. However, your portion of fault factors into how much compensation you can recover. Florida’s modified comparative fault system also dictates that anyone whose share of fault exceeds 50 percent cannot recover compensation for their injuries.
Modified comparative fault only binds court decisions. However, insurance adjusters also use the system to help them evaluate car insurance claim. This is because they tend to base decisions on the likely outcome of a court case.
Modified comparative fault is much more forgiving than other systems, like contributory negligence, which stipulates that anyone who contributed to the cause of an accident, no matter how slight, cannot recover any compensation from a personal injury lawsuit.
What to Do If You Think You’re Partially at Fault
If you believe you are partially at fault for causing an accident, don’t panic. You can still recover fair compensation for your injuries. Start by remaining calm and taking a proactive approach to managing your situation. Your actions after an accident and in the days and weeks following a crash can help you build a solid claim and protect your legal rights. If you may be partially at fault for causing a collision, take the following steps:
- Contact law enforcement and report the accident
- Exchange information with the other driver
- Do not apologize or admit fault after the collision; keep all interactions and exchanges with the other driver polite and brief
- Document the scene with photos and videos
- Seek medical attention for your injuries immediately
- Report the accident to your insurance company
- Do not offer to give a recorded statement without an attorney
- Contact an experienced Florida car accident attorney for help
- Follow your doctor’s treatment plan
- Never post anything on social media
A car accident can happen in the blink of an eye, and you may believe your actions in some way contributed to the crash. However, the stress and confusion of a traumatic incident can make it challenging to determine the degree to which you may have played a role in the accident. Do not admit fault, do not apologize, and do not speculate out loud or online about how you contributed to the crash. Leave the investigation to an experienced attorney who understands multi-vehicle accident liability and can protect you against attempts to shift blame and reduce your compensation.
Contact a Personal Injury Lawyer Now for Help with Your Car Accident Case
You can still recover compensation for your injuries, even if you are partially at fault for causing an accident. All you need is help building the most effective claim that gives you the best opportunity to obtain maximum compensation. A skilled car accident lawyer at Werner, Hoffman, Greig & Garcia has the resources to investigate the accident, collect evidence, and build a solid claim showing that you deserve fair compensation for your injuries. Contact our office or call us now at 561-320-8285 to set up a free case evaluation.
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About the Author
Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog
