Partial Fault in Car Accidents: Am I Still Eligible for Damage Claims?

When it comes to car accidents, determining liability is rarely a black and white matter. Many accidents involve shared responsibility, where both parties bear some degree of fault. But does that mean you can't claim damages if you were partially at fault? In this blog post, we'll explore how Florida's comparative negligence law works and explain how you may still be eligible to recover damages with the help of a skilled Florida car accident attorney from GTS Law Firm.
Understanding Comparative Negligence in Florida
In Florida, the concept of comparative negligence is crucial in car accident cases involving shared fault. Comparative negligence allows you to pursue damages even if you were partially at fault for the accident. Under this law, the court determines the percentage of fault assigned to each party and reduces the damages accordingly.
The Benefits of No-Fault Insurance
Florida is a no-fault state, which means that regardless of who caused the accident, you can file a claim with your own insurance provider to cover your losses. The personal injury protection (PIP) plan in Florida provides compensatory benefits for medical expenses, lost wages, and death benefits.
How Comparative Negligence Impacts Damages
To better understand how comparative negligence affects your ability to recover damages, consider some common scenarios:
- Abrupt Braking Out of Road Rage: If one driver abruptly slams on the brakes out of road rage and you rear-end them, the court may find you partially at fault for not maintaining a safe distance. In this case, your damages may be reduced based on the assigned percentage of fault.
- Collisions While Backing Out: Both drivers backing out of parking spaces without due care can lead to a shared-fault scenario. The court will consider the specifics of the accident and assign percentages of fault accordingly.
- Failure to Yield Properly: If you failed to yield properly and another driver was speeding, resulting in a collision, both parties may share fault. Your damages may be reduced based on the level of fault assigned to you.
Don't Navigate the Legal Process Alone
Proving shared fault in a car accident case can be challenging without professional legal representation. When you're partially at fault, it's crucial to have a knowledgeable Florida car accident attorney from GTS Law Firm by your side. Car accidents can be life-altering events, regardless of who is at fault. Don't carry the burden of pursuing compensation on your own. Call (941) 625- 6666 for your FREE consultation today.
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