You can still recover damages under certain circumstances if you were partially at fault for an accident in Jacksonville. You must prove you are not primarily at fault for the collision, though. Because it is so important to prove you are not more than 50 percent responsible, you should have a Jacksonville car accident lawyer collect evidence and make your case.
A substantial sum of money may depend on your percentage of fault. You should have all the resources necessary to build a strong personal injury claim. An attorney from our team can offer not only valuable resources but also extensive experience representing car accident victims.
How Could More than One Party Be at Fault for an Accident?
In many accidents, one motorist is clearly at fault. When a driver runs a red light and hits another vehicle that is proceeding through a green light, the driver who runs the light is typically deemed 100 percent at fault.
However, in some other cases, multiple parties contribute to a collision. Even if one party is clearly more to blame, the issue of shared fault can affect how much money each party is entitled to recover—or whether they are entitled to receive compensation at all.
Some examples of accidents that may involve shared fault are:
- A motorist brakes for no apparent reason while driving on the highway, and the motorist behind (who is texting while driving) rear-ends the stopped vehicle.
- A motorist runs a stop sign, only to hit another motorist who is driving while impaired.
- Two motorists proceed through an intersection after the light has turned from yellow to red, striking each other while one turns left and the other proceeds straight.
There are countless scenarios in which two or more motorists do something to contribute to the crash. In most of these cases, one party is likely less at fault than the other and therefore still entitled to compensation.
Florida Law Holds Each Party Responsible for their Actions and their Actions Alone
It’s not always clear just how much fault each party bears for an accident. However, insurance companies, Jacksonville personal injury lawyers, and courts must make such determinations when multiple parties share fault for a collision.
Florida’s modified comparative negligence rule, as detailed in Florida Statutes § 768.81, stipulates that:
- You may still receive compensation after an accident for which you are partially at fault.
- As long as you are not more than 50 percent at fault for the collision, you are eligible for damages.
- The court shall award damages “on the basis of [each] party’s percentage of fault”
How Your Jacksonville Car Accident Attorney May Prove You’re Less to Blame than Other Motorists
Determining who is at fault for a motor vehicle accident is not a guessing game. Your personal injury attorney will rely on objective and subjective evidence to prove why you are the less blameworthy party. Such evidence may include:
Witness Accounts
Our experienced car accident attorneys often interview witnesses, as their accounts can be pivotal in winning car accident claims. A witness may testify that:
- They did not see you engaged in any negligent act.
- They saw the other motorist cause the accident.
- They saw you engaged in a negligent act, but they felt the other motorist was far more responsible.
A witness does not need to give an opinion about fault and typically won’t. Their recollection of the accident may be plenty to prove you are the less blameworthy motorist.
Videos, Photos, and Other Media
Traffic camera footage of the collision, photographs of the accident scene and damaged vehicles, and other media can be precious evidence in a car accident case. Our auto accident attorneys know how to uncover, secure, and take full advantage of such evidence.
A Reconstruction of the Accident
We may hire an expert to reconstruct the collision based on witness testimony, accident-related media, and other relevant evidence.
If Your Car Accident Attorney Must Dispute an Insurer’s Determination of Fault, They Will
Our legal team may reach a different conclusion than insurance companies in regard to each negligent party’s portion of fault. We will be prepared to:
- Dispute any insurer’s finding that we believe is inaccurate
- Formally file and document the dispute immediately
- Take legal action if insurance companies continue to insist you are more at fault than you truly are
Disagreements between car accident lawyers and insurance companies are fairly common. Allow a personal injury attorney from our team to help the insurance companies see matters your way.
Let a Jacksonville Car Accident Lawyer Fight for the Compensation You Deserve (Even if You Share Blame for the Crash)
Proving fault for your accident is one of several responsibilities your attorney will handle. They will also:
- File your insurance claim and personal injury lawsuit
- Deal with insurance adjusters on your behalf and protect you from any bad-faith tactics they may employ
- Document each of your covered losses
- Determine how shared fault affects your case
- Fight for fair compensation, regardless of whether you are partially at fault for the collision
- Answer your questions and guide you throughout the legal process
Our personal injury law firm focuses on specific case types so we can best serve our clients. If you are searching for a Jacksonville distracted driving accident lawyer, we are the firm for you. We also represent victims of drunk drivers, speeding drivers, and all other negligent motorists who cause accidents. We can even provide a Jacksonville fatal car accident attorney if you need one—in which case, you have our entire team’s condolences.
Your attorney from our team will be a trustworthy advisor and advocate. What more could you ask for during such a hectic time in your life?
Call The Law Offices of Anidjar & Levine Today for Your Free, No-Risk Car Accident Cnsultation
When you are looking for a Jacksonville car accident attorney, turn to a firm that has represented traffic accident survivors since 2005. Our name is known and respected in Jacksonville and throughout Florida for good reason. We work on a contingency fee basis, so you’ll pay nothing upfront or out of pocket to work with us.
Call the Law Offices of Anidjar & Levine today for your free consultation to learn more about Florida’s comparative negligence laws and the benefits of hiring a Jacksonville car accident attorney.
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