After a car accident, seeking compensation when another driver is entirely at fault (and admits it) isn’t that hard. Unfortunately, that is not always the case on Florida roadways.
Sometimes auto crashes happen, and more than one party is to blame. An excellent example is when a speeding motorist rams into a texting driver.
Such accidents can cause complicated liability issues. It’s not easy to tell who is to blame for the accident and by what percentage.
So, what happens when you are partly to blame for the car accident? Can you still sue for damages? An car accident attorney could help you establish whether you can still recover damages even if the car accident was partly your fault.
Florida is a no-fault state
Florida uses the pure comparative negligence model. This is the rule used to determine who is responsible for a car accident, their share of fault, and the amount of compensation they qualify to get.
That means if you are involved in a car accident and share a portion of liability in the auto crash, your recovery will only be reduced by your percentage of fault, as per section 768.81 of Florida Statutes. For example, if you are 10% responsible for the accident, your damages will be lowered by an equivalent percentage, meaning you’ll qualify to recover 90% of your damages.
Determining fault after an Orlando car accident
Establishing fault after a car accident is vital when seeking full and fair compensation. Unfortunately, the other party or their insurance carrier may try to apportion more blame to you in a bid to lower your settlement demand. But this dirty tactic shouldn’t discourage you from seeking compensation.
You need to bear in mind that the other party, their insurance company, or the police cannot determine the percentage of fault. This can only be established in court.
And for that reason, you need to hire a experienced car accident lawyer to look into your case’s details. He or she will help you understand your claim and establish if seeking compensation from the other driver is necessary.
Why do you need to hire a car accident lawyer?
If you have been in an accident in Florida, you should never allow being partly at fault to deter you from attempting to seek compensation for your injuries. You still reserve the right to seek compensation.
A good rule of thumb is to retain a skilled Orlando car accident attorney. The right lawyer will work hard to protect your rights and ensure that you receive the fair treatment you deserve during settlement negotiation or trial.
If, for instance, the defendant argues that you were on the phone when the accident happened, your attorney can seek out these details to help you prove otherwise. He or she may use your phone records to show you weren’t distracted on the road. In addition, your attorney will help you gather all the necessary evidence needed.
Get in touch with a car accident attorney today.
If you have been involved in an auto wreck in Orlando and are partly to blame, there’s no reason to feel upset. You still have a right to recover damages. Our Orlando car accident attorney can help you determine whether you are liable in the crash and estimate the percentage.
