Determining fault for a car accident can be a challenging process. Under Florida law, fault can significantly affect a personal injury claim.
Florida uses a modified comparative fault system. Under Florida Statutes section 768.81, damages are generally reduced in proportion to the injured person’s percentage of fault. In most negligence actions, however, a person who is found to be more than 50 percent at fault for their own harm cannot recover damages.
For example, if you were determined to be 20 percent at fault for a crash and your damages were valued at $100,000, your recovery could generally be reduced by 20 percent, leaving $80,000. If you were found more than 50 percent at fault in a negligence action covered by section 768.81, you generally would not be able to recover damages.
Establishing negligence in Florida
A negligence claim generally requires proof that:
- The other party owed you a duty of reasonable care.
- The other party breached that duty by acting or failing to act reasonably under the circumstances.
- The breach caused or contributed to your injuries.
- You suffered damages as a result.
Determining fault may require evidence from the crash scene, vehicle damage, photographs, witness statements, police reports, traffic-camera or surveillance footage, and other records.
If it is safe to do so, take photographs of the accident scene and vehicles and obtain contact information from witnesses. When speaking with law enforcement officers or insurance representatives, provide accurate information and avoid guessing about facts you do not know.
Because percentages of fault can directly affect the amount of compensation available, an attorney can review the evidence, insurance coverage, and circumstances of the collision.
To learn more about determining fault and filing a personal injury claim after a Florida car accident, consult an experienced attorney at Serrano Law.