At Gerber Law, we know how overwhelming the aftermath of a car accident can be. This is especially true when questions of liability arise. Since 1999, our firm has provided comprehensive and personalized legal services for accident victims across Florida. With decades of experience in personal injury law, our team has guided countless clients through the complex process of pursuing compensation, even in cases where liability is shared.
Car accident claims involving partial fault can be particularly challenging. Insurance companies often use comparative fault laws to minimize payouts, leaving injured victims uncertain about their rights. At Gerber Law, we bring a wealth of experience in handling these cases. From negotiating with insurance adjusters to presenting evidence in court, our attorneys are well-versed in the strategies needed to protect your interests and maximize your recovery.
What sets us apart is our client-centered approach. Every client deserves to fully understand their legal options, their rights under Florida law, and the potential compensation available to them. Whether you’re dealing with medical bills, lost wages, or the emotional toll of an accident, we take the time to explain each step of the process and ensure that you feel supported and informed.
With a deep knowledge of Florida’s modified comparative negligence rule, Gerber Law is committed to navigating the legal complexities on your behalf. Our goal is simple: to secure the best possible outcome for you, no matter how complicated the circumstances of your case may be. When you partner with us, you gain more than legal representation; you gain a team that will fight tirelessly for your recovery and peace of mind.
Understanding Partial Fault in Car Accidents
After an accident, avoid admitting fault. A personal injury lawyer can aid in determining fault and ensure you recover fair compensation even if you were partially to blame. This is because the legal process of car accident cases in Florida is more complex than in other states.
What Is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal principle used to determine how responsibility for an accident is apportioned when multiple parties are at fault. Instead of placing full liability on just one person, the law assigns each party a percentage of fault based on their actions leading up to the accident. This percentage directly affects the compensation and injured party can recover.
In Florida, comparative fault plays a critical role in personal injury and car accident claims. As of 2023, the state follows a modified comparative negligence rule under Florida Statutes §768.81. This means if you’re partially at fault for a car accident, you can still recover damages, but your percentage of fault will reduce your compensation.
For example, if you’re awarded $500,000 in damages but found 25% at fault, your recovery would be reduced to $125,000. However, if you’re found to be more than 50% at fault, Florida law bars you from recovering any damages. This is known as the “51% rule.”
In the context of car accidents, contributory negligence often arises in situations such as:
- Two drivers engaging in negligent behavior (e.g., speeding and distracted driving)
- A driver failing to yield while another was exceeding the speed limit
- Multi-vehicle collisions where responsibility is shared among several parties
Because an insurance company may try to assign a higher percentage of fault to reduce its payout, having an experienced attorney is essential. At Gerber Law Group, we carefully investigate the facts, gather evidence, and advocate on behalf of our clients to ensure fault is allocated fairly and that they recover compensation, as much as is allowed under Florida law.
Steps to Take if You’re Partially at Fault to Ensure You Still Receive Fair Compensation
Being involved in a car accident is stressful enough, but when you believe you may share some of the blame, the situation can feel even more overwhelming. The good news is that in Florida, you may still be able to recover damages even if you’re partially responsible. However, how you handle the aftermath of the accident can influence the outcome of your car accident case. Here are some important steps to take if you find yourself in this situation.
1. Gather Evidence to Support Your Claim
Evidence is critical in any accident claim, especially when partial fault affects compensation. The more documentation you can provide, the stronger your position will be when negotiating with insurers or presenting your case in court. This includes:
- Photographs and videos of the accident scene, vehicle damage, and any visible injuries
- Witness statements from people who were there when the accident occurred
- Police reports, which often contain initial assessments of fault and important details about the incident
- Medical records showing the extent of your injuries and the medical attention you’ve received
Gathering this evidence early helps ensure that your side of the story is clearly documented and is less likely to be disputed by insurance companies. A car accident attorney can help you do so.
2. Understand Comparative Negligence in Florida
Fault laws vary from state to state. Some states follow pure comparative negligence, which allows an injured party to recover damages regardless of their percentage of fault. Florida, however, follows modified comparative negligence, meaning you can only recover damages if you’re found to be 50% or less at fault. If you’re more than 50% responsible, you’re barred from recovering compensation.
This distinction makes it especially important to have a clear understanding of how fault is determined and how it impacts your potential recovery. Even a small shift in the percentage of fault assigned to you can affect the compensation you ultimately receive.
3. Seek Legal Representation Early
Navigating a car accident claim involving shared fault can be complex, particularly when dealing with insurance adjusters who may try to minimize payouts by inflating your percentage of liability. This is where working with an experienced personal injury attorney becomes invaluable.
At Gerber Law you’ll work with an experienced attorney who knows how to challenge unfair fault determinations, negotiate effectively with insurance companies, and present strong evidence to protect your rights. Our attorneys are skilled at handling cases where partial fault affects compensation, and we’re committed to ensuring that our clients recover the maximum damages available under Florida law.
If you’re partially at fault in a car accident, don’t assume you have no options. By gathering evidence, understanding how Florida’s modified comparative negligence rule applies, and working with an experienced personal injury attorney to show your fault percentage is lower than 50%, you can take control of your case and pursue the compensation you deserve.
Contact a car accident lawyer from Gerber Law today to discuss your options with an expert.
