How Comparative Negligence Pertains to Your Florida Car Accident Payout
Determining fault in a Florida car crash is imperative to your case, as, in most circumstances, the person who caused the damage must pay. However, if you are found to be partially at fault, you could lose a portion of the compensation to which you should be entitled.
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Historically, if a person was involved in a car crash and was at fault in any way, they were unable to recover damages for their injuries. A few states still follow this rule, but most have changed to a form of comparative negligence which still allows an injured party to collect damages, even if they are determined to be partially at fault. The three variations are: pure comparative fault, 50% Proportional Comparative Fault and 51% Proportional Comparative Fault.
Pure Comparative Fault
Since most accident cases are usually not 100% at fault or faultless, Florida has adopted the system of pure comparative fault. Let’s look at the example of Driver A and Driver B. If Driver A was crossing through an intersection and struck Driver B, most people would assume that Driver A was at fault for his negligent driving; however, if Driver B was speeding, then he could be at fault as well. If Driver A is determined to be 90% at fault and Driver B is determined to be 10% at fault, then Driver B will receive 10% less in compensation for his injuries.
Determining Fault in a Florida Auto Accident
Determining fault is a vital part of your case. If you are wrongly blamed to be at fault, even partially, you may lose your rights to recover all the compensation you deserve. This is why it is particularly important to consult with a Palm Beach accident attorney about your auto accident. Gathering witness statements, photos, and accident reconstruction can prove to be instrumental in the outcome of your case.
If you have been involved in a serious Florida car wreck, you need to contact a Palm Beach car wreck lawyer. Contact Fetterman & Associates – The Law Team for a free consultation about your Florida injury case.

