It’s normal to wonder if you can recover for your Pensacola car accident injuries when you were partly responsible for the collision. We get this question all the time from clients and know it can be a confusing topic. In Florida, you may still be entitled to compensation for your injuries under the doctrine known as comparative negligence. This principle compares the negligence of all drivers involved in a car accident, assigning a percentage of responsibility to each party, and allocating compensation according to each party’s respective percentage of fault. Translation: you can still get a lot of money for your car accident even if you played a small or large role in causing it.
How Does Comparative Negligence in Florida Work?
In Florida, a car accident injury victim may still pursue compensation from a negligent party no matter what. Pure comparative negligence is applicable even if the injured party was 99% responsible for the collision as long as the accident results in an exception to the state’s no-fault requirements. Once a judge or jury evaluates the facts of your case, they will apportion each party involved a percentage of fault for the accident. Then, if you receive an award of damages to compensate for your injuries, the amount you actually receive is reduced by your percentage of fault.
Florida’s negligence law states “the fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.”
For example, if Jane was involved in a car accident and permanently injured, which is an exception to Florida’s no-fault law, she might file a lawsuit against the at-fault driver for $100,000 in compensation. The case went to trial. After examining the evidence presented, the jury assigned Jane 50% responsibility (negligence) for the accident under comparative negligence. Jane would only be permitted to recover $50,000 of her $100,000 claim amount because she was 50% at fault.
Speak to a Pensacola Car Accident Attorney Today
Car accidents can be overwhelming even when only one party is to blame. When more than one driver may be at fault you should call the skilled Pensacola Car Accident Attorneys at Stevenson Klotz to make sure you are represented aggressively and you receive the maximum award possible for your injuries. Call us at (850) 706-4226 or complete our online Contact Page to schedule your no-obligation case evaluation today. The consultation is free, and you pay nothing until we win your case. Let our experienced attorneys review your case and start fighting for the compensation you deserve today.
Following graduation from Cumberland School of Law at Samford University, Eric Stevenson held a number of positions including Assistant State Attorney in the First Judicial Circuit of Florida. Eric has been practicing with partner Christopher Klotz since 2015 litigating personal injury and car accidents in Alabama and Florida.