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Understanding partial fault in Florida car accidents

by | Jun 1, 2023 | Car Accidents

Involvement in a car accident can be a terrifying and disorienting experience.

When an individual sustains injuries in a car accident in Florida and carries partial responsibility for the incident, navigating the complexities of compensation can be daunting. Florida follows a unique set of rules known as comparative negligence laws in determining liability in car accidents. This allows a person who was partially at fault for an accident to recover damages. Consider the implications of these rules.

Understanding comparative negligence

Florida’s comparative negligence rule allows the reduction of damages in proportion to one’s degree of fault in a car accident. In other words, even if someone was partially at fault for a car accident, they still have the right to seek compensation for their injuries. Officials, however, will reduce the amount awarded by their percentage of fault.

How partial fault affects compensation

An individual will receive less compensation if they were partially at fault in a car accident than they would if they were completely blameless. For example, if someone was 30% at fault in a car accident, authorities reduce the damages awarded to them by 30%. Therefore, if the total damages were $10,000, the person would receive $7,000 after the reduction.

Insurance implications

Florida is a no-fault state for car insurance, meaning that each person’s insurance will cover their own injuries, regardless of who was at fault. However, the amount that the insurance will cover may be less if the insured was partially at fault. An individual’s insurance premiums might also increase if they were partially at fault in an accident.

Florida’s comparative negligence rule allows for those partially at fault to still seek damages, albeit reduced by the percentage of their fault. Furthermore, Florida’s no-fault insurance laws can offer some protection, but may also result in increased insurance premiums. Having a solid understanding of these rules can assist in managing the aftermath of such a car accident.