IF YOU THINK YOU ARE AT FAULT IN AN ACCIDENT YOU SHOULD STILL
CONSULT WITH AN INJURY LAWYER
Changes to Florida’s tort laws in recent years have made it more difficult for the party at-fault to successfully sue for
crash-related injuries.
However, it would be wrong to assume you have no legal remedies or potential for an injury settlement unless you talk with a personal injury lawyer specializing in car accidents – especially if your injuries were serious enough to require hospitalization or time off work.
While the new comparative fault law certainly creates legal challenges, rarely are matters of personal injury entirely black-and-white.
According to studies by The Center for Internet and Society at Stanford Law School, the vast majority of Florida car accidents are caused by human
error.
Common causes include inattention, speeding, failure to yield, intoxication, and more.
Many people view car accidents as situations where one person was at-fault, and another was hurt because of it. Sometimes that’s true, however, in many car accidents, more than one person can be the
cause of the crash or the severity of injuries.
Some examples include situations where one driver may have been speeding, but the other wasn’t paying
attention. Or if a driver ran a red light, but the other wasn’t wearing a seat belt.
The question for insurers (and possibly the courts) then becomes,
“To what extent is each person at-fault – for the crash and resulting injuries?”
As Tampa Car Accident Lawyers, we often find many cases where the answers aren’t obvious. Our injury attorneys are experienced enough to know what evidence is needed to make a compelling case to show that someone is still entitled to compensation, even for people who know they made some missteps.
Florida is a no-fault state when it comes to car accidents. If someone's injuries aren’t major, damages will likely be covered by their own auto insurance through personal injury protection (PIP) and
health insurance.
However, if the injuries are substantial enough to meet the serious injury threshold, as outlined in F.S. 627.737, accident victims can go beyond the no-fault system and file a claim for damages against the other at-fault driver.
A driver who is “at fault” is one who failed to exercise the reasonable care they should have when they assumed the privilege of driving. This is called negligence.
When a plaintiff (person who is filing the claim for monetary damages for a car accident) is partly at-fault, this is called “contributory negligence.”
Previously, Florida had a system of pure comparative fault. Under this system, you could be 99% at-fault and still succeed in suing the other driver for their 1% of fault (though in that case, you would only collect 1% of your total losses, so that wouldn’t be an ideal outcome).
Now, though, Florida follows a modified comparative fault system with a 51% bar. What that means is you can still successfully sue another at-fault driver for financial damages, so long as your percentage of the blame doesn’t exceed half. So if you were partly at-fault for a crash, the most you could share fault and still collect would be 50%.
But who decides the difference between 48% fault and 52% fault? Either insurance companies or the courts – and it’s often not a clear line. This is why having a skilled Tampa car accident lawyer as an advocate is so essential. We help our clients craft a strong
argument advocating for them to collect the compensation they deserve.
If you aren’t sure whether you have a case or who was more
at-fault, there’s nothing to lose in reaching out to a personal injury attorney. Our Florida injury attorneys offer free initial consultations with detailed case reviews.
