If you were involved in a car crash in Jacksonville and were partially at fault for the accident, you may still be able to recover some of your losses. How much compensation you receive depends on how much your actions contributed to the crash.
A Jacksonville car accident lawyer can walk you through the applicable laws to help you understand the likely outcome of your case. Whether or not you share fault for the crash is only one factor that may determine if you will recover compensation and what the amount will be.
Proving Fault For A Jacksonville Car Accident
Before accepting partial blame for a car crash, you should hire a Jacksonville personal injury lawyer and let them investigate the accident. They will look for evidence that establishes who caused the crash and, if multiple parties are at fault, how much each party contributed to the result.
The following evidence may help prove negligence and liability in your personal injury claim:
- Videos and images from CCTV footage, dashcams, or smartphones
- Eyewitness testimony
- Police reports
- Medical records
- Accident reconstruction
- Physical evidence from the accident scene
- Weather data
- Road conditions
- Functionality and visibility of traffic signs and signals
- Drivers’ histories
- Vehicles’ maintenance histories
How Florida’s Modified Comparative Negligence Rule Affects Your Jacksonville Car Accident Claim
Until recently, Florida had a pure comparative negligence rule to regulate how much compensation someone could recover for losses suffered in an accident. If an individual or entity did not contribute to the accident, they could recover 100% of their losses. If, through their negligent actions or inactions, they were up to 99% at fault for the accident, they could still collect at least 1% of their losses.
On March 24, 2023, Florida Governor Ron DeSantis signed HB 837, which changed Florida from a pure comparative negligence state to a modified comparative negligence state.
How The New Comparative Negligence Law Affects Those At Fault For Car Accidents In Jacksonville
Modified comparative negligence prevents those who are more than 50% at fault for a car crash from recovering compensation for their losses. If the insurance company determines you are 50b or lessat fault for a car accident in Jacksonville, you may still recover damages. However, instead of collecting 100% of your losses, your total compensation is reduced by your percentage of fault.
For instance, if the evidence shows you are 20% at fault for the car crash, you may recover 80% of your damages, rather than the full 100%.
This new rule (Florida Statutes § 768.81) applies to all negligence-based lawsuits, except medical malpractice, which still operates under a pure comparative negligence rule.
How To Protect Your Safety And Your Legal Rights After A Jacksonville Car Crash
Motor vehicle accidents can be traumatic. You should protect yourself and others and take action to protect your future.
- First, call for emergency medical attention if you or someone else is injured. If you don’t feel you need to go to the hospital immediately, you should allow a healthcare professional to examine you as soon as possible. You may not be immediately aware of your injuries or their seriousness.
- Report the accident to the police. Be honest, keep your story brief, and don’t apologize or speculate about fault.
- Take pictures of the damage to each vehicle and the area around the crash site.
- Collect eyewitnesses’ contact information.
- Take pictures of each driver’s license, insurance card, license plate, and VIN.
- Note everything you remember of the accident, take pictures of your visible injuries throughout your recovery, and get copies of your medical records.
- Share your story with a Jacksonville personal injury attorney and learn about your legal options.
Visiting the doctor after a crash can help prove to insurance adjusters that the accident caused your injuries. If you wait too long to seek medical treatment, you may find it difficult to prove a connection and could lose out on recovering compensation for your losses.
What Losses Are Recoverable After A Car Crash In Jacksonville?
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), drivers in Florida must have personal injury protection (PIP) and property damage liability (PDL) insurance. The minimum coverages for PIP and PDL are generally $10,000.
Because Florida is a no-fault state, you will first go to your insurance company for compensation for your losses. However, if your injuries are severe, you will likely use up your PIP coverage quickly and need to consider pursuing a personal injury claim or lawsuit against another at-fault driver to recover your losses.
Accidents and their resulting losses are unique. Therefore, you may sustain some losses that vary from the norm but, in general, a fair compensation settlement or judgment may include the following:
- Current and future medical expenses, including hospital bills, diagnostic tests, doctor visits, ambulance rides, medications, surgeries, treatment, and rehab
- Repair or replacement costs for your car and any other personal property damaged in the accident
- Wages lost during recovery and any future earnings, benefits, and bonuses lost if you can’t resume work
- Pain and suffering
- Mental anguish, emotional distress, PTSD, anxiety, or depression
- Loss of enjoyment of life
- Loss of quality of life
The Cost Of Hiring A Car Accident Attorney In Jacksonville
Working with an auto accident attorney can seem daunting, as lawyers are known for not being budget-friendly. However, personal injury lawyers do not request a retainer fee or charge by the hour.
Most personal injury law firms offer free case consultations. This allows you to share your story and receive free legal advice for your claim. If you decide to work with a personal injury attorney, they generally provide their services on a contingency fee basis. Instead of you paying anything upfront, you won’t pay unless and until they successfully recover compensation for you.
Call Our Jacksonville Car Accident Team At The Law Offices Of Anidjar & Levine
If you believe you were partially to blame for a car accident in Jacksonville, an experienced lawyer from the Law Offices of Anidjar & Levine can help you minimize your percentage of fault and seek maximum compensation for your losses.
Contact one of our Jacksonville car accident lawyers today and get the help you deserve. We’ll do the fighting so you don’t have to.
