Comparative Negligence in a Jacksonville, Florida Car Accident
When you are injured and someone else is at-fault, you have the right to seek compensation from that person for their negligence. You need this compensation to cover your medical bills and other losses. However, in Florida there is a law that allows for the possibility that more than one person’s actions led to the crash. It is known as comparative negligence, and can be a challenging factor when trying to resolve a personal injury claim.
How Comparative Negligence Works
In many personal injury claims, it can be argued that more than one party contributed to the crash. Because of this, injured victims are often forced to fight claims that they were partially at fault. For example, if you reach out to pet a dog who then bites you, it could be argued that you contributed by approaching the animal. If you slip on an icy sidewalk, it could be argued that you should have seen the risk and avoided it. Having an experienced personal injury attorney on your side will become very important if you find yourself being blamed in part for the incident that left you injured. Apportioning fault is not just a theoretical exercise. Once a percentage of blame is assigned to each party, the amount of compensation he or she will be able to collect will be lowered by that amount.
Example of Comparative Negligence
Emily fails to yield when turning left at a green light and turns into the path of Joe, who is legally going straight through the intersection. However, it is determined that Joe was speeding at the time of the crash. Because of this, Emily is assigned only 80 percent of the fault and Joe is assigned 20 percent. Joe suffers injuries, but the amount he will be able to collect from Emily’s insurance company will be reduced by 20 percent.
Questions About a Car Accident or Any Other Injury You Suffered?
Contact Clifton Law Office, you can reach me at my contact page online or call me directly at 904-209-4883.
Get Your Questions Answered Now! Download a free copy of my book FLORIDA CAR CRASH GUIDE