Do I Have a Claim If I Was Partially At Fault for a Ruskin Car Accident?
You’ve been injured in a car accident for which you received a traffic citation from the Police. However, you strongly believe that you weren’t completely at fault for causing the accident. You may be wondering “Do I have a claim if I was partially at fault for the accident?” Well, the good news is that even if you were partially at fault for the accident, you may still have a claim under Florida’s comparative fault law. This will depend on the particular facts of your case, so it’s important that you speak with a qualified accident attorney.
What Is Florida’s Comparative Fault Law?
Unlike most simple rear-end accidents, some accidents are the fault of more than one person. This is often the case in intersection accidents, as there may be a dispute as to who had the traffic light in their favor, or who had the right-of-way. Regardless if you might bear some responsibility for the accident, Florida’s comparative fault law may allow you to still recover for your injuries.
For example, let’s say that you are driving through an intersection and another driver turns in front of you and you hit their vehicle. Although there is no question that the other driver is at fault, there may be some question as to whether you had enough time or room so that you could have avoided the accident altogether. In this example, you may still be able to recover for your injuries, but your recovery may be reduced by the percentage of fault assigned to you. As such, if a jury were to decide that your injuries were valued at $100,000, but the jury concluded that you were 50% at fault as they believed you may have been able to avoid the accident, then you would only be able to recover a maximum of $50,000 for your injuries ($100,000 x 50%). Determining your portion of fault is up to the insurance company, or a jury, to decide.
What Steps Should I Take If I Was Partially At Fault?
As with any accident, the most important thing you can do is to document what happened by calling the Police. The investigating officer will then take statements from all parties involved. If there were witnesses, make sure to get their statement and contact information as well. If possible, photograph the scene of the accident and its surroundings. Make sure to also photograph the other vehicle(s) involved to document the extent of their damage and where the damage is located on each vehicle. As always, if you’re injured, be sure to seek appropriate medical care as soon as possible, and contact a qualified accident attorney to assist you and to ensure that your rights are protected.
If you have questions about your Ruskin car accident case, you can download our Free Report Your Guide To Florida Car Accident Claims, which is available at our website, or you can click the link provided. You can also contact us at (813)419-3866 to talk directly to a Ruskin personal injury attorney now.