Can I Recover Damages if I Was Partially at Fault for the Car Accident?
Sometimes, it is very clear who is responsible for a car accident, and at other times, it is less clear. Further, one driver may be solely responsible for the accident in question, or both drivers can share fault. The good news is that, even if you are partially to blame for the accident that leaves you injured, you can seek compensation for the percentage of your losses that the other driver is responsible for in some instances. Car accident cases involving shared fault are that much more complex, and you need an experienced Tampa car accident attorney on your side.
Modified Comparative Negligence
Florida employs what is called modified comparative negligence, which is a fancy way of saying that drivers can share fault in car accident claims. There are, however, limits. If you are found to be more than 50 percent at fault for the accident that leaves you injured, you can’t pursue compensation through a car accident claim.
If, however, the other driver is determined to be at least 51 percent to blame, you can seek compensation for the percentage of your losses that they are deemed responsible for.
How It Works
If – for example – you were speeding at the time of the car accident, this may be identified as fault on your part. If, however, the other driver was drunk and barreled into the side of your car in an intersection after running a red light, they are likely to be assigned considerably more fault than you are.
If you bear 10 percent of the fault – by way of example – and the other driver bears 90 percent, your total compensation will be reduced by that 10 percent. This means that if your total legal damages – or losses – are $100,000, you’re entitled to $90,000 in compensation, which reflects a 10 percent reduction in the $100,000 total.
Determining Fault
Determining fault in a car accident can be exceptionally challenging, and it’s best left in the capable hands of your seasoned car accident attorney. Fault is established through evidence, which tends to come in the following forms:
- Dashcam footage
- Eyewitness testimony
- Accident recreation models
- Photos and videos taken at the scene of the accident
- The police report, including any tickets that are issued
- Expert testimony
Obtaining fair compensation that covers the full percentage of your losses that the other driver is responsible for is far too important to leave to chance.
An Experienced Tampa Car Accident Attorney Can Help
If you share fault for the car accident that leaves you injured, it doesn’t necessarily bar you from compensation that reflects the other driver’s percentage of fault in the matter. The focused car accident attorneys at Matthews Injury Law – proudly serving Tampa – recognize how challenging these cases can be and are well prepared to fiercely advocate for your claim’s best possible resolution. Learn more about what we can do to help you by reaching out and contacting or calling us at 813-530-1000 today.