If you have been injured in a car accident in Florida and you were found at fault, you may still be able to seek compensation for your injuries depending upon your percentage of fault for the accident.
Florida Law: Comparative Negligence
Florida adheres to the doctrine of pure comparative negligence. Under comparative negligence you may sue the other negligent party even if you are considered more at fault for the accident, but your recovery will be reduced by your percentage of fault.
For example, let’s say you were driving over the speed limit and John made a left turn in front of your vehicle. You were unable to stop in time and you crashed into John’s car. You have sustained injuries in the crash, and you sue John. Under Florida’s pure comparative negligence doctrine, John may be found 90% at fault for failure to yield the right of way, and you may be found 10% at fault for exceeding the posted speed limit. If you were awarded $100,000 for your damages, then your award will be reduced by your percentage of fault (10%) and you will receive $90,000 instead of $100,000.
What If I Received A Ticket?
It doesn’t matter if you were the driver who received the ticket at the scene of the accident – law enforcement is not a witness to the crash and the traffic citation is not admissible in civil jury trials in Florida. Even if you did not receive a citation, but you admitted fault at the scene, your statements to law enforcement for the purpose of completing a traffic crash report are protected under the traffic crash report privilege (Fl. Stat. § 316.066(4)) and are not admissible at trial.
Consult an Experience Florida Car Accident Attorney
The allocation of fault in a car accident case in Florida can get complicated. You may still be able to pursue an accident case even if you were partly to blame for the crash. Calling an experienced Florida car accident attorney can help ensure your rights are protected and you receive the compensation you deserve. If you were injured in a car accident in Florida, contact Heidi A. Hillyer, P.A. immediately for a free case evaluation. Call our office at (407) 636-8300 or contact us online.