Can I claim personal injury if it was my fault?

If you contributed some of the fault for the accident that injured you, but less than 50% of the blame, then you can file a personal injury lawsuit for damages against the party who shoulders the majority of the fault.

Florida tort laws follow a modified comparative negligence system, which allows persons injured in an accident to recover damages only if they were less than half at fault for the incident. Insurance adjusters know this, though, and may try many arguments to shift most of the blame onto you, which is why it’s critical to have legal representation. An experienced Boca Raton personal injury attorney can preserve the integrity of your claim so that you can get the fair compensation you deserve.

What does being “at fault” mean in a Florida car accident?

At fault in a Florida car accident means that someone contributed the larger percentage of fault for the collision. Accident victims who contribute more than 51% of the fault are generally barred from recovery, per Florida’s comparative fault rule.

Many collisions are due to negligence on the part of both drivers; for example, one driver may have failed to properly yield, while the other was speeding. Both of these actions contributed to the accident; the question at hand is, who is most to blame?

How does Florida’s comparative negligence rule work?

Florida injury law requires the plaintiff in personal injury cases (the person seeking compensation) to prove that the other party (the defendant) was negligent and that their negligence was the reason the accident happened.

If the plaintiff is found to be partially at fault for the wreck, they can still recover compensation for their medical bills, lost wages, and pain and suffering, but their award will be reduced by the percentage of blame they contributed.

Insurers know this and so deploy many strategies to shift as much of the blame as possible onto the plaintiff to reduce the amount they have to pay.

Does Florida’s no-fault (PIP) coverage pay if the accident was your fault?

Yes, your personal injury protection (PIP) policy covers your medical care and property damage, even if you’re completely at fault for the wreck. However, many insurance policies have conditions that would void coverage, such as your being intoxicated at the time of the crash.

Your PIP policy can cover the medical care of your passengers, if this  happens, but your insurer will likely deny your claim if your blood alcohol content was over the legal limit.

How is your percentage of fault decided?

If you’ve concluded that determining who is responsible for which percentage of fault in a personal injury claim is somewhat subjective, you’re not alone. Even with plenty of evidence, putting a specific number on each party’s responsibility requires evidence.

Police reports, photos of the crash scene, videos of the event, information about each vehicle’s movement and torque gleaned from each car’s Event Data Recorder, and witness accounts can all help clarify whose actions contributed most to the wreck.

Often, the percentage of fault is part of settlement negotiations, but when the parties cannot reach an agreement, the case goes to trial, and a jury decides.

Find out what your claim is worth with Lytal, Reiter, Smith, Ivey & Fronrath

If you’ve been hurt in an accident caused by someone else’s negligence, our lawyers can help you. We can negotiate with the insurance company on your behalf to reduce the amount of fault attributed to you and support your claim for compensation. Contact Lytal, Reiter, Smith, Ivey, & Fronrath today at (561) 655-1990 for a free consultation.