How to determine fault after a car accident in Florida
While Florida operates under a no-fault insurance system, it doesn’t mean that negligent drivers cannot be held accountable. In this article, find out how fault is determined after a car accident in Florida.
If you are injured in a car accident in Florida, one of the most important factors in your case is determining who is at fault. Establishing who is at fault in a car accident is crucial because it directly impacts your insurance claim, legal options, and ability to seek compensation. However, determining fault can be challenging, especially in Florida, where the law follows a system of comparative negligence. This law can significantly affect the outcome of your personal injury claim, particularly when it comes to how much compensation you receive.
At Avera & Smith, our experienced car accident attorneys are here to help you understand how comparative negligence works and what it means for your case. Below, we provide information on how fault is determined in car accidents in Florida. However, if you’ve been injured in a car accident in North and Central Florida, the best thing you can do is contact our firm for a free case evaluation. Call us now at 800-654-4659 to learn how Avera & Smith can help you.
How fault is determined in a car accident in Florida
Florida is classified as a “no-fault” state. This means that in most cases, after a car accident, you’ll turn to your own insurance coverage to pay for medical bills, lost wages, and other expenses, regardless of who caused the crash. The no-fault system is designed to simplify claims and speed up compensation, reducing the need for lawsuits in minor accidents. However, this process has its limits, which is why it’s crucial to work with an experienced car accident lawyer.
Here are key factors to consider:
- Personal Injury Protection (PIP) Coverage: Florida law requires all drivers to carry PIP insurance. This coverage provides up to $10,000 for medical costs and lost income, and it applies regardless of who caused the accident. PIP is your first line of defense after a crash, whether or not you were at fault.
- Exceeding the “Serious Injury” Threshold: If your injuries go beyond Florida’s defined “serious injury” threshold, you may step outside the no-fault system and hold the at-fault driver accountable. This includes cases involving permanent or significant injuries, disfigurement, paralysis, or fatalities. When these conditions are met, you can file a claim directly against the responsible driver or their insurance company.
Understanding Florida’s modified comparative negligence law
As of March 2023, Florida follows a modified comparative negligence rule. This means that after an accident, each party can be assigned a percentage of fault, and your compensation is reduced based on your level of responsibility.
However, under the modified comparative negligence rule, you are ineligible to recover any damages if you are found to be 51% at fault or more for the accident. This change has made it even more critical to work with an experienced attorney who can build a strong case in your favor and minimize any claim that you were partially to blame.
How comparative negligence impacts your compensation
Under Florida’s modified comparative negligence law, your compensation is directly tied to your percentage of fault. Here’s how it might work in practice:
- Scenario 1: You were rear-ended at a red light, but you had a broken taillight. The court finds that the other driver is 90% at fault for the accident, while you are 10% at fault for not having a functioning taillight. If your damages are $50,000, you would receive 90% of that amount, or $45,000.
- Scenario 2: You were speeding and collided with another vehicle making an illegal left turn. The court finds that you were 40% at fault for speeding, while the other driver is 60% at fault for the illegal turn. If your total damages are $100,000, you would be entitled to $60,000 after accounting for your share of the blame.
It’s important to note that the insurance companies will likely try to shift more of the fault onto you to minimize the amount they have to pay. This is where having a strong legal team on your side can make a big difference.
Why you need an experienced personal injury attorney in comparative negligence cases
Navigating Florida’s comparative negligence laws can be complex, especially when multiple parties share responsibility for the accident. Insurance companies may downplay their driver’s role in the crash or overestimate your fault in an attempt to reduce the payout. Here’s how the skilled personal injury attorneys at Avera & Smith can help you:
- Investigate the accident thoroughly: Our legal team will gather all the necessary evidence, including police reports, witness statements, and expert testimony, to build a strong case for you.
- Negotiate with insurance companies: We know how insurance companies operate, and we’ll fight to ensure they don’t unfairly reduce your compensation.
- Advocate for your best interests: Whether in settlement negotiations or in court, we’ll be there to protect your rights and seek the compensation you deserve.
Injured in a car accident in North or Central Florida?
Call Avera & Smith now at 800-654-4659 for a free consultation.
Florida’s comparative negligence law can significantly impact your car accident claim, but it also offers an opportunity to recover compensation even if you were partially at fault. Understanding how fault is determined and working with a dedicated legal team can ensure you receive the maximum compensation for your injuries and damages.
At Avera & Smith, our skilled attorneys understand the complexities of comparative negligence cases and are committed to helping you pursue compensation for medical bills, lost wages, pain and suffering, and more. For over 70 years, our car accident attorneys have helped thousands of injury victims and their families recover from serious accidents throughout North and Central Florida. If you are involved and/or injured in a car accident in Gainesville, Ocala, Lake City, The Villages, or Jacksonville, call us for a complimentary case evaluation. Free of charge, we will set up an in-person or over-the-phone consultation to help you understand your rights and what your next steps should be.
To schedule your complimentary consultation, call 800-654-4659 or fill out our secure online form here.