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Can I Get Damages if I Share Fault in an Accident?

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What Are the Main Kinds of Shared-Fault Accidents?

When many people think of car accidents, they often picture a clear-cut crash where one driver is at fault, and one driver is innocent. However, many kinds of car accidents happen on the road, and not all are clear-cut.
It’s possible for an accident to happen because both drivers were engaging in reckless or negligent behavior. For instance, an accident can occur if one driver is tailgating another driver and the front driver stops suddenly. In this scenario, investigating officers may determine that both drivers acted inappropriately and are at fault.
There are two main ways that states handle shared-fault accident cases:

Comparative Negligence

Florida follows a comparative liability law to determine compensation for shared-fault car accidents. Drivers get assigned a specific share, or percentage, of blame for the accident. Based on that level of fault, they can decide if they want to pursue payment from the other driver.

Contributory Negligence

Some other states follow a contributory negligence system. Under this system, any share of the blame, even 1%, disqualifies drivers from pursuing payment from another party.
Shared-fault accidents can quickly become complex. If you would like to seek compensation for a shared-fault accident, contact our legal team for a free consultation at 407-573-7483.

How is the Percentage of Fault Assigned?

Car accidents that do not cause severe bodily injury fall under the state’s no-fault laws. Each driver can pursue compensation from their own insurance company.
Florida’s no-fault law states that each driver has to maintain the following insurance coverage:

  • $10,000 in personal injury protection
  • $10,000 in property damage liability

Any parties found at fault for a car accident must file claims through their own insurance company. The insurance company will use police records and accident reports to determine the percentage of fault for each driver.
At-fault parties will have their compensation reduced by the amount they are at fault for. For instance, if a driver is found 10% accountable for the accident and is awarded $50,000 in damages, those damages would be reduced by 10%. The total compensation received would be $45,000.

How Can a Personal Injury Lawyer Prove the Other Driver’s Fault?

Accidents with shared fault can be difficult to seek compensation for. Our team of personal injury attorneys will help you prove the other driver’s negligence to recoup as many losses as possible.
We will take the following steps to prove fault:

  • Collect evidence like photos, videos, witness statements, and police reports
  •  Negotiate with the other driver’s insurance company
  •  Use accident reconstruction specialists and other experts to prove your case
  •  Take the case to court to present evidence before a judge
  • f your case goes to court, a judge will analyze evidence from both parties to determine fault levels. If both parties are at fault, both drivers will have their damages reduced.

What Damages Can You Recover After a Car Accident?

Even if you were partly at fault for an accident, you can still recover damages. Any expenses you have accrued because of an accident are eligible for compensation.
You could recover the following damages after a car accident:

  • Medical expenses
  •  Lost wages
  •  Pain and suffering
  •  Property damage repairs
  • Loss of earning capacity

You may be able to collect other damages depending on the nature of the accident and your injuries. For more information, contact our law office today.

Should I Consult a Personal Injury Lawyer?

Pursuing compensation in a shared-fault accident is possible but can quickly become complex. Insurance companies are much less likely to approve your claim if you are found partially at fault. Our team of experienced personal injury attorneys can help prove the other party’s negligence to help you get the maximum compensation you deserve.
The Law Office of Jerry Jenkins, P.A. is here to help you as you recover from a car accident. Medical bills, property damage repairs, and other expenses add up quickly, and you deserve compensation from the other driver. For more information and to receive a free consultation, contact our law firm by calling 407-573-7483.

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