Yes, under Florida law, you can still bring a claim and recover damages (money) even if you are partially at fault for the accident. Florida is a comparative negligence jurisdiction, which means that everyone's fault for the accident can be assessed. This means, if you bring a claim for your injuries following a Florida car accident, the defendant and/or their insurance company may be able to get a discount if you are also partially responsible for causing the accident. For instance, consider a situation where someone turned left at an intersection on a stale yellow or red light and the other car in the crash ran through the red light and t-boned your vehicle. This is a situation where a court may determine that both driver's share some responsibility for the crash. If the injured person is found to be 40% at fault for the crash, then the injured person can only recover 60% of their claim against the the other vehicle and driver. They will lose out on the 40% for which they are also responsible.
In serious car crashes, it is worth investigating whether you still have a viable claim for your loses even where you may share some responsibility or fault. Get a consultation from an experienced Florida car accident attorney. Where fault is in dispute, early preservation of evidence may be important to the ultimate success of your case.
To learn more about your rights and to see if you have a case, call us day or night at 1-866-234-6093 or complete our online contact form here to get started. Our consultations with prospective clients are Free and confidential. If we accept your case, you pay us nothing unless we are successful in recovering money for you.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in South Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.
Andrew Iacobelli is a Florida personal injury attorney. Andrew is also licensed to practice law in the State of Michigan and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured.