Understanding Comparative Negligence in Florida Car Accident Cases
There are many laws governing car accident cases. For example, while Florida is a no-fault auto insurance state, there are times when accident victims can step outside of that system and file a personal injury claim against the negligent party who caused the crash. However, the law also recognizes that multiple parties may be at fault for an accident. In these cases, all liable parties may share fault, but this does not mean they can all claim damages. Below, our Tampa car accident attorney explains in further detail.
Comparative Negligence in Florida
The comparative negligence law assigns blame to all liable parties after a crash and dictates the percentage of compensation they can receive. At one time, Florida followed a pure comparative negligence model. Under that law, accident victims could not file a claim for damages even if they were one percent at fault for the crash. That law changed in March of 2023 and today, Florida follows modified comparative law.
Under modified comparative fault, car accident victims can still claim compensation if they were 50 percent or less at fault for the crash. The amount of compensation awarded will be reduced by the accident victim’s same percentage of fault.
For example, a driver may rear-end another motorist. Typically, they would be found at fault for the accident. If the driver that was hit, though, had slammed on the brakes without reason, they may also be found partially to blame. In this instance, the driver that struck the rear of the vehicle may be assigned 80 percent of fault while the motorist who slammed on the brakes may be found 20 percent to blame. If the driver who was struck was awarded $100,000, they would only receive $80,000.
Defending Against Claims of Comparative Fault
Negligent parties in car accident claims often use the comparative fault law to reduce the amount of damages they must pay afterward. Fortunately, there are ways to defend against these claims. They include:
- Be honest with yourself: It is not uncommon for car accident victims to be in denial about the part they played in the crash. It is critical to remain honest with If you are not, you may not appear credible, which can significantly hurt your case.
- Focus on witnesses: Many car accidents have witnesses who saw the crash occur. Sometimes, a witness may say one thing immediately following an accident and then they say something else later, such as during a deposition. Finding contradictory statements can call the credibility of the witness into question, which can help your case.
- Collect evidence: The more evidence you can collect to prove the other driver is to blame, the stronger it can make your case. Important evidence includes the accident report, photographs, and physical evidence, such as damage to your vehicle.
Our Car Accident Attorney in Tampa Can Prove Your Case
Comparative negligence plays an important role in car accident cases and so, it is critical to work with a Tampa car accident attorney. At Moore Law, our experienced attorney can prove your case so you can claim the maximum settlement you are entitled to. Call us now at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
flsenate.gov/laws/statutes/2024/768.81
