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If you’ve been involved in a car accident in Hollywood, Florida, and you’re wondering about your ability to recover damages, you may have questions about how Florida’s comparative negligence law applies to your case, especially if you were partially at fault. Understanding how shared fault can affect your compensation is essential to ensuring you are properly compensated for your injuries. In this blog post, a car accident lawyer in Hollywood will break down Florida’s comparative negligence rule and explain how it impacts the outcome of a car accident claim.
What Is Comparative Negligence?
In Florida, the law follows a comparative negligence rule when determining fault in personal injury claims, including car accidents. This means that the court will assess the degree of fault each party involved in the accident shares. Instead of barring compensation entirely for someone who is partially responsible for the accident, Florida allows individuals to recover damages based on their percentage of fault.
For example, if you were involved in a collision where you were 30% at fault, and the other driver was 70% at fault, you can still seek compensation for the 70% of the damages caused by the other driver. However, your recovery will be reduced by your percentage of fault. In this case, you would be able to recover 70% of the damages, but 30% would be deducted due to your own responsibility in the accident.
How Does Shared Fault Affect Compensation?
Under Florida’s comparative negligence law, your compensation is reduced in proportion to your percentage of fault. This means that if the court determines you were partially responsible for the accident, your potential settlement or jury award could be significantly less than if you were entirely blameless.
For instance, if the damages in your car accident totaled $100,000 and you were found to be 20% at fault, your compensation would be reduced by 20%, leaving you with $80,000. It’s important to note that your percentage of fault can come from many factors such as speeding, failing to signal, or even not yielding to the other driver at an intersection.
Can You Still Recover If You Are Partially at Fault?
Yes, you can still recover compensation if you are partially at fault. Florida’s comparative negligence system doesn’t prevent individuals who are partly to blame from seeking damages. However, your compensation will be lowered according to the percentage of fault attributed to you. This allows you to recover for the damages you sustained, but the amount you can claim will be adjusted to reflect the shared responsibility.
It’s crucial to have an experienced car accident lawyer in Hollywood who can fight for your rights and help prove that the other driver was more at fault, or at least, reduce the impact of your own negligence. An experienced lawyer can present evidence and witness testimony to reduce your share of the blame or argue for a more favorable allocation of fault.
Why Do You Need a Car Accident Lawyer in Hollywood?
Navigating Florida’s comparative negligence law can be complicated, especially when the other party’s insurance company tries to shift the blame onto you. If you’re partially at fault, you may find yourself up against significant challenges in negotiating a fair settlement. A skilled car accident lawyer in Hollywood can help:
- Investigate the accident: An attorney can investigate the crash, gather evidence, and interview witnesses to determine how the accident occurred and who should be held responsible.
- Negotiate with insurance companies: Insurance companies often try to minimize their payout by placing blame on the victim. A lawyer can advocate for you, ensuring you aren’t unfairly penalized.
- Determine the true value of your claim: A lawyer will also help assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and property damage.
Even if you are partially at fault, having a lawyer on your side can make a significant difference in maximizing your compensation and protecting your legal rights.
Examples of Shared Fault in Car Accidents
Consider the following examples where shared fault could come into play in Hollywood car accidents:
- Rear-End Collisions: Let’s say you rear-ended another vehicle at a stoplight but the driver in front of you was partially at fault for not properly signaling a turn. In this case, both you and the other driver may share some responsibility.
- Intersection Accidents: If you were making a left turn and the other driver ran a red light, both of you may share fault if it’s found that you didn’t wait for a clear path before turning.
In each of these situations, the court or insurance company would analyze the circumstances and assign a percentage of fault to each party.
Reach Out to Our Car Accident Lawyer in Hollywood Today
If you’ve been involved in a car accident in Hollywood, Florida, and are concerned about your level of fault, it’s important to understand that Florida’s comparative negligence law still allows you to recover compensation. While your share of responsibility will reduce your payout, you are still entitled to a claim based on the degree of fault of the other party. An experienced car accident lawyer in Hollywood can help you navigate this complex law and ensure that you are fairly compensated for your injuries.
If you’re dealing with a car accident and unsure of your rights or how your partial fault may impact your case, don’t hesitate to contact Barzakay Law Firm. Our team of experienced attorneys will work tirelessly to fight for your compensation. Reach out today for a consultation!