Every driver knows that there are risks involved with being on the road. No matter how careful people attempt to be while driving, unfortunately car accidents happen, resulting in injuries, insurance hassles, and vehicle damage.
When it comes to car accident settlements, negligence plays a key role. While many accidents are caused by a singular driver, some auto accidents occur as a result of negligence 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 law in Florida, including how they determine accident settlements, 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 leverage maximum payout from the other party’s insurance company.
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 damage, particularly when both drivers may share fault. Can you still get compensation for injuries and damages? The short answer is yes.
So, what is comparative negligence in Florida law? Concisely, it states that both drivers can share the blame in an auto accident. Even if you’re partly responsible for the accident, you may still get compensation for damages from the other driver, or their insurer.
However, according to the comparative negligence law, your settlement gets reduced based on how much the accident was your fault. For example, if it has been determined that you were 30% responsible for an accident and the other driver was 70% at fault, you would be able to recover 70% of your damages. Just keep in mind that if you’re found to be more than 50% at fault, you won’t be able to collect damages, due to Florida’s new modified comparative negligence standard.
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 getting fair compensation and recovering more substantial damages through a settlement with the at-fault driver’s insurance company. 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 substantial proof that the other party was at fault, you can seek money for:
- Medical bills (past and future)
- Permanent injuries
- Lost wages and reduced ability to work
- Pain and suffering
- The impact on your quality of life
- Car repair costs not already covered by insurance
If it’s established that you were partly at fault for the accident, your compensation will be reduced accordingly.
Proving Negligence in an Accident Case
Negligence can be established in several ways, including speeding, improper lane changes, distracted driving, driving under the influence, and failing to yield the right-of-way.
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 solid proof of negligence. You’ll need to show a clear connection between the other driver’s behavior and your injuries. This means gathering solid evidence that 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 and need to prove the other driver was at fault, you’ll need to establish four main factors. First, you need to demonstrate Duty of Care, meaning they have a responsibility to keep you safe on the road. This is already established since all drivers are expected to look out for others on the road. Second, you need to demonstrate Breach of Duty, meaning they failed to meet this responsibility by driving carelessly or recklessly.
Third, Causation must be demonstrated. This involves proving a direct link between the negligent act and the resulting injuries and damages. And lastly, Damages — medical expenses, lost wages, pain and suffering, etc. — must be established.
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. Having a skilled lawyer on your side like Randy or Bo Briggs of The Briggs Law Firm can make a difference in recovering damages. Our lawyers have the forensic skills to determine exactly how you were injured and the presentation skills to leverage a maximum recovery.
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 you can trust our team to take your concerns seriously and fight on your behalf.