Understanding Comparative Negligence in Florida Auto Accidents

Understanding Comparative Negligence in Florida Auto Accidents

It is essential to determine liability when filing a personal injury claim. Liability details what party is responsible for what actions and to what extent they are responsible. For example, if the driver of Car A falls asleep at the wheel and slams into Car B infront of it, Car A  would be responsible for causing the crash. In this scenario, Car A may be fully liable for causing the car accident. 

Though, not all personal injury events are that simple where only one party is responsible for the entirety of why an incident happens. Consider Car A traveling at highway speeds and then unexpectedly slamming on the brakes. Car B may smash into the back of Car A. However, the driver of Car B may have been distracted at the time of the crash meaning they were somewhat responsible for causing the accident. Car A hitting the brakes too, could be seen as negligent and also hold some amount of liability for the crash. Therefore both cars could bear some portion of liability for the auto accident that occurred.

So, it is important to understand liability in a personal injury case. It is also critical to understand what the laws are and the fault system that governs how personal injury cases are handled in the state where an auto accident happens. 

If you were in a car accident in Florida, a Tampa auto accident attorney at Fulgencio Law can help you understand your options and what steps to take to obtain financial compensation.

Florida’s Comparative Negligence Laws

Understanding Comparative Negligence in Florida Auto AccidentsFlorida’s comparative negligence laws outline a pure comparative fault system. Comparative negligence means recognizing that accidents happen where multiple parties may be to blame. Florida’s pure comparative fault system within the comparative negligence umbrella allows any claimant to recover damages no matter how much liability they have been assigned.

In Florida’s system, even if one party is mostly responsible for causing a Florida auto accident, they can still recover damages. The extent of liability will determine how much financial recovery can be obtained. For instance, let’s say you are 80% responsible for causing a Florida car accident. In this case, you may be able to recover 20% of the damages you sustained. As a result, unless a party is 100% responsible for causing an accident, that party may still be able to obtain some amount of monetary compensation for the damages they incurred.

The purpose of Florida’s system is to ensure that everyone involved in an accident is treated fairly. Unless one is completely responsible for causing a crash, they can still obtain compensation but the amount they receive will simply be reduced by how much their actions contributed to the accident happening. 

Speak to an Attorney at Fulgencio Law

Not every state follows a pure comparative fault system like Florida does. This means that different rules can apply in different states. When a car accident happens, it is important to understand the way that a state operates and the rules that apply so you have some idea of what your rights are to financial compensation.

After a Florida car accident, don’t delay in reaching out to an experienced attorney. Please call (813) 463-0123 to schedule a free consultation with an experienced attorney at Fulgencio Law to go over your car accident experience.


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