Answer:

The other day a client called us and explained to us that she thought she was partly at fault for the car accident, but also believed that the other driver was at fault. In Florida, just because someone is partially at fault for an accident does not mean that they cannot still pursue a claim for the injuries that they have. In Florida, we have pure comparative negligence, which means that both parties are assessed a percentage of fault. We look at what percentage our client is at fault, what percentage the defendant is at fault, and what the amount of damages total., Our client is entitled to the percent at fault that the other party is.

What we recommend our clients do is let us fully assess the evidence, let us get a full understanding of how the crash happened, and make that assessment. If someone believes they are partially at fault, it is not a bar to their case. They can still pursue that case, it will just impact the amount that they’re entitled to recover or the amount that they can be compensated for, whether that’s in a form of a settlement or, at the end of the day, from a jury.

If you have any questions about this following a car accident in Orlando, please contact us and we’d be happy to help you.