Who Is At Fault in a Florida Car Accident?
If you’ve been injured in a Florida car accident, you might wonder how to figure out who is at fault. Determining who is at fault could have a big impact on your ability to recover compensation in an accident. This newsletter lays out the basics of Florida’s comparative fault system and how it could affect your case.
Comparative Fault in Florida Car Accidents
Comparative fault is a legal system used when multiple people’s actions may have led to a car accident. It helps courts and juries divide responsibility for accidents among the different people involved.
For example, a jury in a personal injury lawsuit stemming from a car crash could find that the plaintiff is 5% at fault for the accident, while the defendant was 95% at fault. If someone else who is not involved in the lawsuit was involved in the accident, the jury can attribute only partial fault to the defendant. For example, the jury could say that the defendant is 60% at fault, but a non-party to the lawsuit is 40% at fault. In that case, the plaintiff can only recover up to 60% of their requested damages from the defendant. To seek the other 40%, the plaintiff would have to sue the non-party.
Floridians began using the comparative fault system in 1973, but a recent change in 2023 altered the basic rules. Prior to 1973, a plaintiff who was partially at fault could not recover any damages. From 1973 to 2023, Florida used a basic comparative fault system as described above. In 2023, the legislature adopted a modified comparative fault system, adding language to the law stating that if any party to a lawsuit is “found to be greater than 50 percent at fault for his or her own harm”, then he or she “may not recover any damages”. In other words, a plaintiff cannot recover any damages if the jury finds that the plaintiff is 51% or more at fault.
Why Does Comparative Fault Matter for My Car Accident Case?
In Miami car accident cases, comparative fault can affect the damages you could recover at trial or the settlement that could be negotiated. We strongly recommend consulting the Law Office of Cary Woods II in a contested car accident case with injuries. An experienced attorney can evaluate the possible comparative fault that could apply and analyze possible damages as a result. You want an attorney who has inside knowledge of how car insurance companies negotiate settlements when fault is contested. Without this knowledge, less experienced attorneys may find themselves out-negotiated, accepting settlements that aren’t appropriate for the seriousness of their clients’ injuries.
If your case doesn’t settle and goes to trial, your recovery could come down to a jury’s decisions about percentages of fault. That’s why you should start strong with a personal injury team who prepares your case for trial from the very start. A lawyer with the knowledge and experience to handle complex comparative fault causes will help you build an argument for minimal fault on your part and maximum fault on the part of the other drivers.
Injured in a Miami area car accident and not sure where to turn? Call the Law Office of Cary Woods II to find a personal injury attorney who will fight for you from the start. With a winning combination of deep insight into the giant companies our clients face and a commitment to superior client service, our Miami-based firm finds success for injured Florida clients. You can schedule a free consultation with the Law Office of Cary Woods II by calling (786) 750-7872 or filling out our convenient contact form.
