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Understanding Fault in Florida Car Accident Cases

No one likes to be found at fault for anything, but in Florida truck accidents, car accident cases, and any traffic accident, fault is a key issue. If someone is clearly at fault, through negligence or recklessness, in an accident, that person will often find their insurance company has to pay out more of the damages. In cases where someone is negligent while driving, that driver may also be sued. For example, if you sustain a Florida burn injury because another driver is texting and driving and runs a red light, you can bring a legal claim against that person to cover your injuries, medical treatment, lost income, and other damages suffered in the collision.

In many Florida car accidents, however, determining fault is not so simple. In some cases, it is not immediately apparent what has caused an accident. In other cases, liability is shared among many parties. For example, a tire defect could cause your car to spin out of control. At the same time, another driver may be distracted and a pedestrian may be crossing the street without the benefit of a crosswalk, causing an accident. In this case, the tire manufacturer (and possibly mechanic), other driver and potentially the pedestrian may be found partly liable. In cases where liability is not clear or is shared between parties, it is important to consult a qualified Florida personal injury attorney. A good attorney can investigate the accident and can help assign liability fairly.

Under Florida law, pure comparative fault is adopted to measure damages. This means that the victim’s percentage of fault is used to reduce the damages by that amount. This is often easier to explain by way of example. Let’s say that that Anne is in a Florida car accident that is deemed 50% her fault. She becomes a Florida spinal cord injury patient due to her accident and damages for the accident for her amount to $200 000. Anne can recover up to $100 000 in damages, since she is deduced 50% of the initial amount for her share (50%) in the accident.

It is important to note, however, that while Florida is a pure comparative fault state, many things can affect examples like the one above. First, determining the damages can be tricky. Some insurance providers can underestimate the damages of an accident. If Anne hires a qualified Florida personal injury attorney, for example, the attorney may find that the total expected costs and damages of Anne’s injuries may in fact be far greater, since the spinal cord injury may be permanent or long-term. As well, assigning fault is obviously a difficult concept. An insurance company may find that both drivers are equally at fault, but again, if Anne hires a good Florida personal injury attorney, her attorney may discover added details about the accident which change Anne’s percentage of fault. For example, the attorney may find that the initial investigation did not consider all evidence in the accident or that other parties are partly liable, too.

Since fault is so important in a Florida car accident, it is important not to admit fault until a through investigation of the car accident is complete and until you have retained the services of a qualified Florida personal injury attorney. In the aftermath of an accident, it is common for accusations to be made, but it is important to never agree to any accusations or agree to any responsibly until the accident has been investigated. In many Florida car accidents, fault is simply not as it seems. Admitting fault can affect your ability to recover fair damages for your accident. As well, when speaking to an insurance adjuster, be cautious about admitting fault. In some cases, adjusters want you to admit that you played a specific role in an accident. Do not agree to this until you have consulted with a qualified Florida attorney.


If you have been in a Florida car accident and need a qualified Florida personal injury attorney, contact the professional and friendly legal team at the Flaxman Law Group. If you need a Florida car accident attorney, the experienced team at the Flaxman Law Group may be able to help. Our team has successfully helped many accident victims in Miami, Homestead, Hollywood, and surrounding Southern Florida communities. Contact the Flaxman Law Group today for a free, no-obligation consultation to discuss how we may be able to help you.