What Happens if You’re Partially at Fault in a Florida Personal Injury Case?

A driver’s fault in a car accident makes a difference in determining damages and possible compensation. However, even if an injured driver is partially at fault for the accident, that does not mean that a case cannot be pursued.

An experienced Fort Myers personal injury attorney, Difilippo & Pica, PLLC, helps injured people achieve favorable outcomes after car accidents.

What are the consequences of being partially at fault for a car accident?

Simply put, if you are partially at-fault for having caused a car accident, you are responsible on some level for the accident and any resulting injuries or property damages suffered in the accident.

Being partially at fault for an accident is not the same as being “to blame” for the results of the accident. Most car accidents are not clear-cut in terms of fault. This is especially true in accidents involving more than two vehicles. The role of each vehicle typically contributes to the accident.

Consider that if a driver proceeded into an intersection on a red light and was t-boned by another driver, the driver who was t-boned may not bear complete responsibility for the accident.

This is true if, for example, the driver who T-boned the other driver did so without looking both ways or waiting to ensure the intersection was clear. Entering an intersection without looking or verifying that the way is clear can result in fault being placed on both drivers.

What does being partially at-fault for causing an accident do to a person’s ability to receive compensation for their injuries?

A key feature of Florida insurance law is the filing of a claim after a car accident. Florida adheres to the legal principle of “no-fault” insurance claims. After a car accident, the law requires each driver to file a potential claim with their own insurance company. This is true even if it is clear who is at fault for having caused the accident.

This no-fault car insurance in Florida does not preclude a person from filing a claim, even if that person is partially at fault for the accident.

Modified comparative fault in Florida

Compensation awarded in a car accident may be divided among drivers based on their degree of responsibility for the accident. Whatever a driver’s degree of responsibility was in having caused the accident, it is the same as their reduction in compensation. A driver who is 10% at fault for having caused an accident would have their compensation reduced by 10%.

The key to understanding Florida’s modified comparative fault system is that any driver who bears greater than 50% of the responsibility for the accident may not recover damages.

Difilippo & Pica, PLLC; Serving Those Who Are Injured In Motor Vehicle Accidents

Do not assume that you cannot recover damages after a car accident because you are partially at fault. Difilippo & Pica, PLLC, offers free consultations where your specific questions will be addressed.