Florida car accidents often result in serious injuries. When a person is injured in a car accident, he or she may be entitled to financial compensation if another driver caused the crash. What happens, though, if both drivers are partially at fault? The answer to this question lies in the legal concept of pure comparative negligence. Under Florida’s pure comparative negligence system, an injured party may receive compensation for his or her injuries despite sharing responsibility for the accident with another driver. Below is an overview of what happens if you’re partially to blame for your Florida car accident. For additional information, please contact a Florida personal injury attorney.
What Is Pure Comparative Negligence?
Under Florida’s pure comparative negligence system, a Florida court may attribute a portion of the blame for a car accident to more than one party. Thus, under this rule, a person who suffers injuries in a car accident may pursue damages from the other party even if he or she is partially responsible for the accident. However, the victim’s compensation will be reduced in proportion to his or her share of the blame.
If a Florida car accident doesn’t result in serious injuries, it falls under Florida’s no-fault laws. In a Florida no-fault car accident case, each driver pursues compensation from his or her insurance carrier. In cases involving serious injuries, however, Florida’s comparative negligence laws will apply. Again, an injured party is entitled to compensation even if he or she was partially responsible for a car accident.
In order to establish fault in a Florida car accident case involving serious injuries, the injured party’s Florida personal injury attorney will gather evidence and evaluate all available evidence. Next, in most cases, the injured party’s attorney will pursue a financial settlement from the other party’s insurance company. However, if a favorable settlement can’t be reached, the injured party’s attorney will bring the case to court.
At trial, the injured person’s personal injury attorney will present evidence that demonstrates the other party’s fault. The court will then analyze this evidence and determine whether one driver was completely at fault or if both drivers were partially to blame for the accident. Next, the court will determine the damages to be awarded to the injured party. If the court determines that both parties are partially to blame, it will reduce the plaintiff’s damages accordingly.
Hire a Pensacola Car Accident Attorney
If you’ve been injured in a Florida car accident, you need an experienced Florida personal injury attorney in your corner. At Staples, Ellis + Associates, P.A., we have over seventy years of combined experience representing car accident victims in Northwest Florida and Escambia, Santa Rosa, Okaloosa, and Walton Counties. We understand the trauma, pain, and financial loss caused by car accidents, and we will fight to ensure that you are compensated for your injuries. Therefore, if you have been injured in a car accident in Florida, Staples Ellis is here to help. Please contact us today to set up a consultation with one of our talented attorneys.
Posted in: Auto Accidents