Florida auto accidents can result in catastrophic injuries. When a person is harmed in a car crash, he or she may be able to obtain compensation for his or her injuries. Sometimes, though, both drivers involved in a crash are partially to blame. When an injured driver is partially to blame for an accident in Florida, he or she may still receive financial compensation. However, as we explain below, this can affect the amount a driver receives. In this article, we examine the issue of whether a driver who contributes to a car crash can still recover from his or her injuries.
Pure Comparative Negligence
Florida has a pure comparative negligence system. Under this system, a Florida court may allocate a portion of the blame for an auto accident to more than one driver. Therefore, under this system, a person who is hurt in a car accident may still seek damages from the other party even if he or she is partially to blame for the collision. However, the court will reduce the compensation of the injured party who contributed to the accident in proportion to his or her share of the blame.
How Is Fault Determined? Who Pays For Car Damages?
If a Florida car accident only results in property damage, it falls under Florida’s no-fault laws. Under these laws, one may ask: Who pays for car damages? To answer that, in a Florida no-fault case, each driver seeks financial compensation from his or her insurance company. In cases that involve serious injuries, though, Florida’s comparative negligence laws apply, and an injured party may be entitled to compensation even if he or she was partially to blame for a car accident.
In order to establish fault in a car accident case in Florida that involves serious injuries, the injured party’s Florida personal injury attorney must gather evidence and seek a financial settlement from the other driver’s insurance provider. However, if the parties can’t agree to a settlement, the injured party’s lawyer will take the case to court.
During the trial, the injured driver’s lawyer will present evidence to prove the other party’s fault. The court will then review this evidence and determine who was at fault. Next, the court will determine the number of damages to be awarded to the injured party. If the court finds that both parties are partially at fault, it will reduce the plaintiff’s damages in proportion to his or her percentage of blame for the accident.
Hire a Pensacola Car Accident Attorney
If you’ve been hurt in a car accident in Florida, you need an experienced Florida personal injury attorney on your side. At Staples, Ellis + Associates, P.A., we have over seventy years of combined experience helping car accident victims in Northwest Florida obtain financial compensation for their injuries. We understand the impact that a car accident can have on your life, and we will fight to ensure that you are fully compensated for your injuries. Please contact us today to set up a consultation with one of our talented attorneys.
Posted in: Auto Accidents