Comparative Negligence – Sarasota Car Accident Lawyers
March 7, 2016
The outcome of an auto accident claim is based upon the legal concept of negligence. The individual who caused the accident by failing to exercise a reasonable level of care will be held responsible for the damages. In some cases, one driver is entirely at fault. In many others, however, both drivers have been negligent to some degree: In Florida, this division of fault will affect how compensation is awarded. Jodat Law Group’s Sarasota Car Accident Lawyer will work to get the results you deserve.
How Comparative Negligence Works
Florida is a pure comparative negligence state. This means that any negligence on the part of each driver is taken into consideration. If, for example, you were at an intersection and failed to signal properly, and were hit by a driver who ran the light completely while speeding, then certainly you both did something wrong. However, the driver who ran the light was probably more negligent.
The fact that you were slightly at fault because you didn’t put your turn signal on might limit the compensation you receive, but it doesn’t prevent you from being awarded compensation. In fact, even if you are found to be 99% at fault for the accident, you can still recover 1% of the settlement.
If the case goes to trial, a jury will determine who was at what percentage of fault (and damages will be awarded accordingly), but settlements can also be decided through mediation and negotiation.
The fact that Florida employs comparative negligence law means that it is all the more important that you have an experienced lawyer on your side. As small differences in fault can make a big difference in the value of the settlement ultimately paid out, all parties will do their best to show that the other person was to blame.
Unfortunately, insurance companies generally do whatever they can to avoid paying the maximum in settlements. In addition, the fact that fault can be shared means that in some cases, it may be necessary to file a claim with two different insurance companies (your own and the other driver’s). Typically, accident reports, photo evidence, and witnesses will all shed light on the divisions of fault in a collision. A good attorney (like Jodat Law Group’s Sarasota Car Accident Lawyers) will use these pieces of evidence to establish exactly how the accident really happened, and will help you pursue the compensation you deserve.
Sarasota Car Accident Lawyers Jodat Law Group can help!
If you were recently in a car accident and are unsure of how your own fault might factor into the eventual outcome, talk to one of our skilled attorneys as soon as possible. Do not assume that just because you made a driving error prior to the accident that you are not eligible for a settlement. At the Jodat Law Group, we work with clients to put together a true picture of how the accident occurred. We are a team of seasoned professionals who are ready to assist you in your case. Contact us for a free consultation, with no obligation.