Comparative Negligence South Florida Car Accident Claims: What It Means For Your Case
If you get injured in a car accident in South Florida, your ability to recover compensation depends on many factors, including whether you may have been partially at fault. Under the rule of comparative negligence, the amount of compensation you receive for medical costs, property damages, and other expenses could be significantly reduced.
At Boone & Davis, our Fort Lauderdale auto accident attorney has represented local clients in claims for over 40 years. We explain what you need to know about comparative negligence in Florida and how it could impact your rights to compensation.
How Comparative Negligence Works in South Florida Auto Accident Claims
In an auto accident claim, comparative negligence refers to how much each party’s actions contributed to the crash. Under the Florida Statutes, compensation in these cases is reduced by your percentage of blame. For example:
- You are injured in a Fort Lauderdale crash and awarded $100,000 in damages;
- You are also determined as 30 percent responsible for causing or contributing to the accident;
- The amount you are entitled to is reduced by 30 percent, or $30,000 in this scenario;
- The other driver can still be held liable for the remaining balance, or $70,000.
The impact comparative negligence can potentially have on your Fort Lauderdale claim is potentially huge and could leave you facing significant out-of-pocket costs. It is critical to build a strong case that minimizes any responsibility on your part.
How Being Partly At Fault Impacts Your Fort Lauderdale Car Accident Claim
Florida’s Highway Safety and Motor Vehicles reports that over 40,000 car accidents in Fort Lauderdale happen yearly. These can leave drivers facing damages that total hundreds of thousands of dollars.
When other drivers are to blame, you have the right to seek compensation, either through an insurance claim or by taking the at-fault driver to court. However, due to Florida’s comparative negligence rule, their representatives are likely to try and say you are partly responsible, arguing that:
- You were speeding or distracted at the time of the crash;
- You weren’t wearing a seatbelt;
- You contributed to the accident by making an unsafe lane change;
- You ignored traffic signs or signals;
- You had a pre-existing injury unrelated to the crash.
Being partly at fault significantly complicates your claim, but under the rule of comparative negligence, it does not prevent you from seeking at least partial compensation for your losses.
Injured in a Crash? Contact Our Fort Lauderdale Auto Accident Attorney Today
Don’t let an insurance company try to pin the blame on you after a serious car accident. At Boone & Davis, Attorneys at Law, we’ve spent over four decades helping South Florida crash victims understand their rights and recover what they’re owed, even when the other side tries to point fingers.
Our team can review your case, explain how comparative negligence may apply, and help you build the strongest possible claim. Contact us today to schedule a consultation with our Fort Lauderdale auto accident attorney.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
flhsmv.gov/pdf/crashreports/crash_facts_2022.pdf
