Comparative Fault In Florida Car Accidents
Car accidents are governed by state law. In fact, each state has developed slightly different set of rules for handling car accident injury liability. Florida uses a pure comparative fault system. It is critical to understand how comparative fault works, because it can have a tremendous impact on your ability to recover fair compensation. If you have been hurt in a Florida car accident, you should speak to an experienced Tampa car accident attorney as soon as possible.
Pure Comparative Fault
The goal of a comparative fault system is to ensure that each side is held liable for their fair share of a car accident. Florida’s pure comparative fault system uses direct proportionality of the blame as the basis for dividing up the car accident liability. The system can be best illustrated by considering a simple example of a two car accident. In this example, assume that it has been determined that the driver of the red car was at fault for 75 percent of the accident. The driver of the blue car was responsible for the other 25 percent. Florida will use those figures as the basis for apportioning accident liability. So, if the driver of the blue car sustained $100,000 in car accident damages, their compensation will be reduced by their liability. Since that driver was 25 percent at fault, they would be responsible for 25 percent of their own damages. The driver’s compensation would be reduced proportionally, and they would only be entitled to $75,000 from the opposing driver’s insurance company.
Do Not Get Unfairly Blamed
The pure comparative fault system makes the services of an experienced Florida car accident attorney especially valuable. In some car accidents, one driver may be entirely to blame and fault is not disputed. But, in many Tampa car accidents, determining fault is far more complicated. If you are blamed for a higher percentage of fault than is fair, your compensation will be reduced. Remember the previously mentioned example; in accident cases that involve serious injuries, even one percentage point of blame can be worth thousands of dollars. The big insurance companies on the other side will try to do anything they can to reduce their liability. You can not allow yourself to be stuck with an unjust percentage of the fault. The bottom line is that liability in Florida car accident injury cases is all about fault. You need to protect yourself. An aggressive car accident attorney will fight hard to make sure that the fault is apportioned appropriately.
Contact An Experienced Tampa Car Accident Attorney
Car accident injuries have a huge impact on the life of the victim. Dealing with the aftermath is always stressful. An experienced car accident attorney can help. At the Pawlowski//Mastrilli Law Group our experienced legal team has successfully helped injured Florida car accident victims get the full and fair compensation they deserve. If you have been injured in Florida, do not hesitate to contact our Tampa Bay office today at (813) 803-6518 to schedule a free legal consultation.