Please read on, then contact an experienced Miami car accident lawyer to learn what you should know about being partially responsible for a South Florida car accident.
What happens if you contribute to a South Florida car accident?
The Sunshine State operates under the comparative negligence rule of car accidents. Under this rule, Florida accident victims may recover compensation for the injuries and/or damages they incurred in a car crash, even if they bear some responsibility for the accident. The court will compare the negligence of each party and assign each person a percentage of fault in order to determine how much money should be awarded.
For instance, if the jury in your case awards you $100,000 to cover your medical bills, lost income, vehicle damage and “pain and suffering,” but simultaneously find that you share 40 percent of the fault for the underlying accident, your award will be reduced by that percentage. In this example, you would walk away with $60,000 – minus attorney fees and court costs – which is still a sizable sum, but much less than the $100,000 award.
Even if you are found to bear the majority of fault for the accident, you may receive some compensation. However, your award will be overshadowed by the percentage of damages you will need to pay to the defendant. If you are not sure how much fault you bear in your accident, you should retain the services of a skilled Miami auto accident lawyer today.
How do South Florida juries assign fault in car accidents?
While there is no one magic formula for determining each party’s share of the fault, the court and investigating bodies will examine all of the circumstances surrounding the accident and generally make their ruling based on the following:
- Traffic control devices: If you ran a red light or disregarded a stop sign, that may hurt your case.
- Speed limits: If you were driving too fast on a given stretch of road, the jury may penalize you for that.
- Weather conditions: If there was inclement weather at the time of the accident and you did not drive in a manner reflecting those climate conditions, it could lead to a higher share of fault.
- Cell phone usage: It should go without saying that talking on your phone or texting while your vehicle is in motion does not look good.
- Witness accounts: Always obey the common rules of the road, i.e. properly signaling a turn or lane change, because other people, including police officers, may be watching.
Determining fault can be a tricky, subjective process, so please call us today.
Contact a Miami-Dade County, Florida Personal Injury Lawyer
If you’ve been seriously injured as a result of negligence, or your loved one lost his or her life due to the negligence of another, you need an aggressive legal team you can depend on. No matter the origin of the injury at hand, our firm has the resources to satisfy the burden of proof in your personal injury claim and win you the compensation you need. Contact us at Aigen Law Firm today to schedule your free case evaluation.