Understanding Comparative Fault in Florida Car Accident Cases
Car accidents can be complex, especially when it comes to determining fault. In Florida, the concept of comparative fault plays a crucial role in car accident cases. Understanding how comparative fault works can help you navigate the legal process and ensure you receive fair compensation for your injuries and damages.
At High Stack Law, we explain how comparative fault may impact your rights to compensation. Speak with us today to learn more about how we can help in your car accident lawsuit.
What is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal doctrine used to allocate fault among all parties involved in an accident. In Florida, this doctrine is particularly important because it directly affects the amount of compensation a plaintiff can receive.
Under comparative fault, each party’s degree of fault is determined as a percentage, and the total compensation awarded to the plaintiff is reduced by their percentage of fault subject to several rules.
Florida’s Prior Pure Comparative Fault System
Florida used to follow a “pure” comparative fault system. This meant that even if a plaintiff was 99% at fault for an accident, they could still recover 1% of the total damages. This changed when Governor Ron Desantis signed HB 837 into law.
Modified Comparative Fault in Florida
Under the new system, called modified comparative negligence, individuals may not recover at all if they are 51% or higher at fault for the accident. If a person is more than half at fault for their own injuries, they cannot recover.
If a person is 50% or less at fault for their injuries, they can still recover, but the recovery is diminished by the plaintiff’s percentage of fault. For example, if you suffered $100,000 in injuries from a car accident, but were deemed 20% at fault for the accident, you would see a 20% reduction in your damages. Therefore, you would win $80,000 as your total award instead.
How Comparative Fault is Determined
Determining comparative fault involves assessing the actions of all parties involved in the accident. This process typically includes:
- Investigating the Accident: Gathering evidence such as police reports, witness statements, photos of the accident scene, and any available surveillance footage.
- Analyzing Evidence: Examining the evidence to establish the sequence of events and identify any violations of traffic laws or negligent behavior.
- Expert Testimony: In some cases, accident reconstruction experts may be called upon to provide insights into how the accident occurred and the contributing factors.
- Assigning Fault: Based on the evidence, each party’s degree of fault is assigned as a percentage. For example, one driver may be found 70% at fault, while the other is 30% at fault.
Common Scenarios Involving Comparative Fault
Comparative fault can come into play in various Florida car accident scenarios, including:
- Rear-End Collisions: While the rear driver is often presumed at fault, the lead driver’s actions, such as sudden braking without reason, can also contribute to the accident.
- Intersection Accidents: Fault can be shared if both drivers failed to obey traffic signals or stop signs.
- Lane Change Accidents: Both drivers may share fault if one failed to signal and the other was speeding or not paying attention.
Get Help With Your Florida Car Accident Case
For personalized guidance, consider reaching out to a Florida car accident attorney who can provide expert advice and representation tailored to your unique situation. With the right information and support, you can move forward with confidence and seek a positive outcome.
Let the car accident attorneys at High Stack Law give you the help you deserve. Contact us today for a consultation of your case.