Every year, nearly
400,000 car accidents happen in Florida. Not every accident results in an injury or fatalities,
but in 2022, 3,126 fatalities and 158,994 collision injuries were reported.
Nearly every car accident involves an amount of negligence that can be
attributed to one or both drivers.
When both drivers involved in an accident each contributed negligence that
caused the collision, they can both be at fault. This is the basis of
pure comparative fault, which Florida uses to determine liability and
damages in car accident personal injury lawsuits.
What Happens When Both Drivers Are at Fault
Car accidents are often complex events that involve several factors. Even so, as previously
mentioned, a driver’s negligence nearly always plays a role.
When someone is injured in a car accident, they can file a lawsuit seeking
damages for their injuries. Each litigant’s contribution toward
causing the accident is accessed, and they are assigned a percentage of
fault for causing the accident.
For example, the court may find that a defendant was 70% responsible for
causing the accident because the defendant was excessively speeding, but
it may find the plaintiff 30% responsible for the accident because they
were distracted by their cell phone. These are not real figures and you
shouldn’t base your unique situation on them. Rather, the illustration
above is intended to help you understand the basics of how you, as a plaintiff,
can share fault for an accident.
If the court finds that this plaintiff is not at more fault than the defendant
for causing the accident, then they are awarded damages. That said,
the amount in damages won is proportionally reduced by their share of fault
for the accident.
Isn’t Florida a No-Fault Car Accident State?
Florida is a no-fault car accident state, but only for relatively minor
car accident injuries involving other drivers.
Personal Injury Protection (PIP) coverage only covers a max of $10,000
in damages, and it doesn’t cover motorcyclists, bicyclists, and
pedestrians. When an accident results in severe injuries or the aforementioned
types of people who share the road with motorists, injured parties can
pursue damages outside of the no-fault system.
Contact Paulsen Law Group for Help
If you were involved in a car accident, Paulsen Law Group can help. Our
clients can benefit from our personalized approach to their cases, which
takes their unique needs and legal situations into account. If you need
to fight for compensation but have concerns about how your share of fault
may affect the damages you can recover, we can help.
Learn more during an initial consultation. Contact Paulsen Law Group
online for more information.