There are risks involved with being on the road. Even if people attempt to drive safely, car accidents happen resulting in insurance hassles, vehicle damage, and unfortunately, injuries or worse.
When it comes to determining “fault” and car accident settlements, “negligence” is the operative word. While many accidents are caused by a singular driver, some auto accidents occur as a result of two (or more) drivers. In these cases, Florida comparative negligence laws apply and can affect settlements.
This article discusses the concept of driver negligence and comparative negligence law in Florida, including how they affect injury claims, how to protect your rights if you were partially at fault, and how an experienced personal injury firm like The Briggs Law Firm can help you.
Who is Liable in an Auto Accident in Florida?
Getting into an auto accident in Florida can be complicated when it comes to determining who is liable for “damages”, particularly when multiple drivers may be at fault. Can you still get compensation for injuries and damages, even if fault isn’t clear? The short answer is, perhaps.
So, what is comparative negligence? Concisely, it recognizes that both (or more) drivers can share the blame in an auto accident. Even if you’re partly responsible for the accident, you may still be entitled to get compensation for your damages from the other driver(s).
However, your recovery gets reduced based on how much the accident was your fault. For example, if you were 30% responsible for an accident and an other driver was 70% at fault, you would be able to recover 70% of your damages. But due to recent changes in Florida, if you’re found to be more than 50% at fault, you won’t be able to collect anything, due to Florida’s new modified comparative negligence standard. If a resolution can’t be reached, ultimately it’s up to a jury to make those apportionments.
How Negligence Influences the Outcome of an Accident Settlement
When you’re hurt in a car accident, proving that the other driver was at fault is crucial for recovering what’s fair. First, you have to show the other driver was negligent, meaning that they did something careless or reckless that caused the crash.
If there is enough proof that the other party was at fault, you can seek compensation for categories that include:
- Medical bills (current and future)
- Permanent injuries
- Lost wages and reduced ability to work
- Pain and suffering
- The impact on your quality of life
- Car repair costs
Proving Negligence in an Accident Case
Negligent driving can be demonstrated in several obvious examples including speeding, improper lane changes, distracted driving, driving under the influence, failing to yield the right-of-way, or careless driving.
To prove negligence in a Florida accident case, you must prove the other driver caused the accident. Even if you have serious injuries, your claim won’t succeed without being able to prove another driver was negligent. You’ll need to show a clear connection between the other driver’s careless behavior and your injuries. Evidence of such often includes:
- The police report
- Eyewitness accounts
- Photos of damage, road conditions, injuries, etc.
- Security camera footage
- Dash cam video
How Negligence is Established
If you’ve been in an auto accident, four elements are required.
First, you need to demonstrate duty of care. This is relatively basic since all drivers are expected to use reasonable care when driving.
Second, you need to demonstrate breach of that duty. In other words, establishing the other driver(s) failed to meet this responsibility by driving carelessly or worse.
Third, causation must be proved. This means proving a direct link between the negligent act and the resulting injuries and damages.
And lastly, and perhaps most importantly, you must prove damages — medical expenses, lost wages, pain and suffering, etc. — must be established to quantify a fair settlement or verdict if a case goes to trial.
The bottom line is that proving fault affects everything from whether you have a valid claim to how much money you can recover in the settlement. We have the forensic skills to determine exactly how you were injured and the presentation skills to position the facts of your case such that a fair result can be obtained.
Contact The Briggs Law Firm at 352-671-4600 or fill out our online form to discuss your injury claim with one of our attorneys. We offer no-charge, no-obligation consultations, and take your concerns and limitless questions seriously. Our clients are not files. They become our personal friends.