There are very few car accidents in which one driver is 100% at fault. Usually, even if one driver does something they shouldn’t, the other driver can be found partially at fault. For example, if someone hits you from behind, they will more than likely be found liable for the crash. However, there’s a good chance that the other driver’s Florida personal injury attorney can show that you were also negligent. Maybe you had a brake light out. Or, perhaps you were going 5 or 10 miles over the speed limit at the time of the crash.
Your injury attorney understands how comparative fault can impact your case. Your damages are going to be reduced by whatever percentage of fault is attributed to you. For example, consider you sue someone for $100,000 in your car accident case. The court finds that you were 20% at fault. They’ll reduce your damages by 20% – or, $20,000.
The question is – what happens when the court finds that you are more than 50% at fault? Car accident lawyers in Florida see this happen from time to time. Sadly, if this is the case, you will more than likely walk away with nothing.
How Does Comparative Fault Work in Boca Raton, Florida?
The law in Florida states that you can still recover in your car accident lawsuit, as long as you are less than 50% at fault. This is what is called comparative negligence, or the comparative fault rule. Under this law, you can still recover from the defendant even if you are partially at fault. This rule works as long as you are less than 50% at fault.
So, if you’re 10% at fault, your damages will be reduced by 10%. If you’re 49% at fault, your damages will be reduced by 49%. Once you hit the 50% mark, you will not be entitled to any damages. And, if you’re found to be more than 50% at fault, you’ll have to worry about the defendant demanding damages from you. This means your Florida personal injury lawyer will have their work cut out for them just so you can walk away without paying damages.
If you’re hurt in any sort of car accident in Boca Raton, call our office right away. You can schedule your free initial consultation.