After a car accident, the fault is attributed in percentages. Due to a recent change in Florida law, you can still claim if you are partly at fault in a Tampa crash as long as a jury can attribute less than half of the accident’s cause to you. A careful investigation can define each driver’s role in the collision, but you might find it challenging to prove your actions and the accident’s outcome.
However, you do not have to deal with the accident’s aftermath alone. With a Tampa personal injury lawyer representing you, they can handle the investigation and ensure fault is apportioned accurately. Car accident law firms typically offer a free review of your injury claim to help you understand your financial recovery options.
What You Need To Know About Florida’s Comparative Negligence Law
The state defines comparative fault in Florida Statutes § 768.81. The law allows you to seek recoverable damages from the other driver involved in your accident as long as they bear the majority of fault. An insurance adjuster or a jury assigns fault to each driver in percentage points.
For example, the other driver was intoxicated, but you exceeded the speed limit slightly. First, don’t accept full or partial fault for the collision or say or sign anything indicating you do. Let your lawyer handle communication with the other driver and insurance adjusters. Your attorney will work hard to ensure you are not burdened with more fault than your actions warrant, which could result in recovering no financial compensation.
How Courts Assess and Apportion Fault To Each Driver In A Tampa Car Crash
Florida drivers must drive safely and follow the rules of the road. A Tampa car accident lawyer can help you understand and identify the following elements of negligence:
- Duty of care: Each driver is responsible for operating their vehicle safely, obeying traffic laws, and avoiding accidents whenever possible.
- Breach of duty: Any action that veers from the driver’s legal duty and puts themselves and others on the road in jeopardy.
- Causation: Evidence that the accident would not have happened if not for the at-fault driver’s actions.
- Damages: The accident’s economic and noneconomic consequences.
A lawyer can help you prove your actions did not account for the majority of the accident’s cause. They can accomplish this with a compelling evidence collection and case file.
How The Percentage Of Fault Assigned To You Affects Your Compensation
From our previous example, if your recoverable damages from the crash with the intoxicated driver total $500,000, the judge will reduce that amount to:
- $450,000 if 10% of the fault is yours
- $300,000 if 40% of the fault is yours
However, if the jury assigns more than half of the blame to you, you will not recover any compensation. Getting your role in the accident right is essential to ensuring you get all the compensation you are entitled to receive.
Start Building A Comprehensive Case File With A Tampa Police Report
Filing a police report after an accident protects your rights, allowing you to avoid later embellished or misconstrued facts about the crash. It also starts your evidence collection and paper trail. It will include the following details:
- The accident’s date, time, and location
- Contact details for both involved drivers
- Contact details for accident witnesses
- Insurance information for both drivers
- Investigative notes and diagrams
- Vehicle descriptions and points of impact
The insurance companies—yours and the other involved driver’s—will require a police report to file a claim. Your lawyer will obtain an official copy of your car accident report for your case file.
Additional Evidence That Can Prove Your Right To Financial Recovery
In addition to the police report, your car accident claim will also benefit from the following supportive evidence:
- Photos of both vehicles, the crash scene, and your injuries
- Medical records that prove the collision caused your injuries
- Statements from eyewitnesses and relevant experts
- Accident reconstruction report
- Vehicle inspection report
Your case file should also contain employment records that prove your lost income and bills and estimates for repairing or replacing your vehicle.
Damages You Can Recover Even If You Are Partly At Fault In A Tampa Car Crash
If your degree of fault does not reach the 50% threshold that bars you from financial recovery, you can recover economic and noneconomic damages such as:
- Past and future medical bills
- Past and future loss of income
- Treatment-related travel costs
- Property damage or destruction
- Diminished property value
- Disfigurement and impairment
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
- Wrongful death damages, if applicable
Your lawyer will help you build a complete case file supporting your right to compensation. Track your expenses from the start and collect receipts, bills, and other proof of their value.
You Could Have As Little As Two Years To File Your Lawsuit In Tampa, Florida
The statute of limitations defines how much time you have to file your lawsuit. You generally have two years to file your personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11(5).
If the filing deadline expires, the court could prohibit you from filing your lawsuit. The judge could dismiss it out-of-hand, or the insurance company could refuse to negotiate with you. A lawyer can help you avoid these costly outcomes by filing your lawsuit on time.
Get Help Filing A Claim Even If You Were Party At Fault After A Tampa Car Crash
The legal aftermath of a car accident can become complicated, mainly if an insurance adjuster or jury could attribute any portion of the accident’s cause to you. Our law firm can help you prove you are still entitled to compensation from the other involved driver.
Learn more about your right to file a claim even if you were partly at fault in the Tampa crash. Contact our consultation team at the Law Offices of Anidjar & Levine today.
