How Florida’s Comparative Negligence Law Affects Your Sarasota Auto Accident Claim.
Florida’s modified comparative negligence rule makes proving liability in auto accidents critical. Read further to learn how fault is determined in crashes, how it affects your potential compensation, and why working with an experienced lawyer is best to maximize your financial recovery after an auto accident.
Modified Comparative Negligence vs. Pure Comparative Negligence in Auto Accidents.
On March 24, 2023, Florida adopted its modified comparative negligence law as part of the broader tort reform bill HB 837. The change shifted Florida from a “pure” comparative negligence system to a “modified” system, greatly impacting how damages are determined in negligence cases such as auto accidents.
In Florida’s previous pure comparative negligence system, injured parties could still recover compensation for damages in a car crash even if they are determined to be 99% at fault. In the instance where a victim is found to be 99% at fault in a pure comparative negligence system, his or her financial recovery is reduced by 99% (e.g., $100,000 award is reduced by $99,000 to a recovery of only $1,000); however, he or she was still entitled to some compensation.
Under Florida’s current modified comparative negligence system, the injured party in the previous example is prohibited from any financial recovery as they were found to be greater than 51% at fault for the car wreck. If the injured party were found to be 20% at fault for the accident, his or her recovery would be reduced by 20% (e.g., $100,000 award is reduced by $20,000 to a recovery of $80,000).
Common Auto Accidents with Partial Fault.
Auto accidents are an area of personal injury law where partial fault is regularly found. Common examples of auto accidents that result in fault being found on both parties in the accident include:
- Rear-end collisions where the lead driver either suddenly brakes or has non-functioning brake lights
- Intersection accidents where, for instance, a motorcycle speeds through a yellow light while a car fails to yield when turning left
- Pedestrian accidents where a speeding or distracted driver fails to see the pedestrian, who is crossing the street against the light or outside a crosswalk
- Merging and lane change crashes where a truck accident happens after a semi-truck fails to to ensure the lane is clear, but the car’s driver is speeding or changes into the lane at the same time as the truck
In any of the above scenarios, retaining an experienced Sarasota auto accident lawyer is crucial in ensuring the percentage liability apportioned to you is reduced as much as possible to increase your recovery by as much as possible.
How is Fault Determined and Why It Matters.
In car, motorcycle, and pedestrian accidents, the following and more are used to determine fault:
- Police reports
- Eye witness testimony
- Traffic and dash cams
- Surveillance footage
- Accident reconstruction videos and expert testimony
In truck accidents, there is more evidence available used in the determination of fault, such as cargo loading reports, maintenance records, driver logs, electronic logging devices (or event data recorders), and more.
Both the insurance company, their defense counsel, and your auto accident lawyer will use all available evidence to assign liability among all parties involved in the accident. Oftentimes, there is a dispute about liability and percentage fault, particularly in complex cases such as multi-vehicle pileups. In these instances, it is key to gather as much evidence as early as possible. Settlement negotiations are delayed when liability is in dispute, and a lawsuit is typically required to resolve the dispute.
Strategies to Protect Your Claim and Recovery.
In order to protect your claim and maximize your chances of recovery, you will want to do the following:
- Document the Scene: Capture photos and videos of the accident scene immediately following the crash, as well as get contact information of eye witnesses for later use
- Eye Do Not Speak: Avoid making any statements to other parties involved in the accident, eye witnesses, or insurance adjusterswitness testimony
- Seek Medical Attention: Document your injuries through medical records is paramount to prove the severity of your injuries
- Hire an Experienced Attorney: Retain a lawyer experienced in handling Florida auto accidents where partial fault is assigned to multiple parties
Case Result Spotlight: $900,000 Recovery in Low-Speed Rear-End Collision
Not all car wrecks are obvious in their severity and fault. Take, for example, a recent $900,000 settlement recovered by Dannheisser Injury Law for one of our Sarasota clients. In this case, our client was rear-ended by another vehicle at a “low impact” speed of only 11 mph, but our investigation and engineering experts determined the truck’s frame was directly impacted and the injuries suffered were severe.
Experience Matters and Dannheisser Injury Law Has It.
Florida’s modified comparative negligence system means every percentage point of fault matters. Working with an experienced personal injury law firm like Dannheisser Injury Law can make the difference in tens or hundreds of thousands of dollars in your recovery. Our use of expert witnesses, accident reconstructionists, and other evidence can help ensure fault is accurately determined and your recovery is protected.
Call Dannheisser Injury Law today at 941-365-7600, complete our contact form, or chat with us live on our website for a free consultation. We are available 24/7 to speak if you’ve been involved in an auto accident in Sarasota or anywhere in Florida. Even if you’ve been determined at fault, we’re happy to review your case for free and see if there is any chance at recovery.
