Can I Share Fault with the Other Driver in an Accident?
Car accident claims are as complicated as car accidents are dangerous. While some claims are fairly straightforward – and one driver is 100 percent responsible for the injuries the other driver suffers – others are far less so. A prime example of this is when negligence is shared by both drivers but having an experienced St. Pete car accident attorney in your corner can help you navigate the smoothest path forward toward a favorable claim resolution.
Shared Fault in Florida
In Florida, even if you share fault in the car accident that leaves you injured, you can seek compensation for the percentage of fault the other driver bears. Generally, when the claimant bears no more than 50 percent of the responsibility for the Florida car accident, they can proceed with a claim against the other motorist. Consider the following example:
- If a drunk driver sideswipes you while passing, but the fact that you were speeding exacerbates the damages, you can both be assigned a percentage of fault.
- If you are assigned 10 percent of the responsibility, you can seek compensation for 90 percent of your total losses from the other driver.
- If your losses total $100,000, the portion the other driver is responsible for is 90 percent of this amount – or $90,000.
While many motorists are convinced that any fault on their own part negates their ability to seek and obtain compensation, this is not true in the State of Florida.
Determining Your Losses
An important element of claims involving shared fault is accurately assessing the total losses – or legal damages – you experience.
You can seek compensation for physical damage to your car and to anything in it that was also damaged.
Medical expenses tend to be a primary source of loss, and if your injuries are serious, they can stretch well into the future. Serious injuries are closely associated with health complications and secondary healthcare concerns, which can significantly increase an already hefty financial burden.
While you stare down a protracted and difficult recovery, you’re likely to lose income. If the injuries you suffer interfere with your ability to cultivate your career or to do your job at all, these losses can be that much more considerable.
Pain and Suffering
Being injured by someone else’s negligence is physically painful, but it can also dredge up considerable emotional pain and suffering that can interfere with your overall recovery and can negatively affect your future. Pain and suffering is a form of non-economic damages, and while it’s more challenging to tabulate than economic damages like your property damage, medical bills, and lost earnings, it remains a considerable hurdle that should not be overlooked.
An Experienced St. Pete Car Accident Attorney Is Standing by to Help
The distinguished St. Pete car accident attorneys at Tragos, Sartes & Tragos appreciate how difficult your situation is and are well-positioned to help. While shared fault claims tend to be more complicated, we have the legal finesse necessary to help guide your claim toward an advantageous resolution that upholds your best interests. Learn more by contacting or calling us at 727-441-9030 today.