Florida’s Modified Comparative Fault Law: What It Means for Your Pinellas County Auto Accident Claim
Injured in a Pinellas County auto accident? If the other driver’s reckless behavior was to blame, it’s natural to assume that they are liable for your losses. However, under Florida’s modified comparative fault law, it’s rarely this simple.
Fault may be divided among multiple parties, with compensation reduced based on the degree they were at fault. This means that one small mistake on your part could impact your rights in a Pinellas County car accident claim.
Our experienced Clearwater auto accident attorney provides the professional legal representation needed in these cases. Find out how Florida’s modified comparative fault law works and what it could mean for your claim.
How Does Modified Comparative Fault Work In Florida?
An average of more than 15,000 car accidents in Pinellas County happen each year, according to Florida Highway Safety and Motor Vehicles (FLHSMV). These crashes cause serious, potentially life-threatening injuries, and reckless behavior on the part of other motorists is often to blame.
Under Florida Statute Section 768.81, multiple parties may be held liable in a claim, depending on whether they caused or contributed to a crash. Factors that influence these cases include:
- Whether you were speeding or otherwise violating traffic laws.
- Whether you were distracted or failed to pay attention.
- Whether you failed to yield the right of way.
- Whether you were wearing a seat belt at the time of the collision.
If the other party can prove that you either contributed to the crash or to the severity of your injuries, it can jeopardize your rights to compensation.
How Can Fault Affect Your Pinellas County Auto Accident Claim?
In Pinellas County auto accident claims, insurers often try to shift blame to other parties, which allows them to reduce payouts. The amount of compensation you could lose as a result depends on several factors, including:
- The total amount of the damages you suffered.
- The percentage of fault assigned to you by the insurer.
- Any evidence you have supporting your version of how the accident occurred.
- The amount of fault attributed to the other driver.
- Whether there were additional motorists or other potentially liable parties involved.
The degree to which you are at fault is vitally important. For example, if your total damages are $150,000 and you are found 30 percent at fault, you are still entitled to $105,000 ($150,000 minus $45,000, or 30 percent). There’s one catch, though: If you are found 51 percent or more to blame, you generally can not recover damages under Florida’s modified comparative fault law.
Contact Our Clearwater Auto Accident Attorney to Discuss Your Claim Today
Florida’s modified comparative fault law can make an already stressful situation that much worse. To protect your rights in a Pinellas County auto accident, get legal help right away. Contact The Reep Law Firm.
Our experienced Clearwater auto accident attorney gathers the evidence needed to dispute liability and fights for the maximum amount you are entitled to by law. Reach out to our office and request a consultation today.
Sources:
flsenate.gov/Laws/Statutes/2023/768.81
flhsmv.gov/pdf/crashreports/crash_facts_2022.pdf
