Can I Still File a Claim If I Was Partially at Fault for The Accident?

Yes. You can still file a claim if you were partially at fault for the accident. However, the rule of modified comparative negligence and the impact of a contributory or shared fault will significantly influence how much compensation you can recover from the other party at fault for the accident.

Many other factors will influence how you can secure fair compensation in an accident that you are partly to blame. To ensure that you recover proper compensation, discuss your case with a Clearwater car accident attorney.

How Modified Comparative Negligence Will Affect Your Personal Injury Claim in Clearwater

One of the most crucial elements in any personal injury claim is fault. If you’re suing another party for damages, you must prove they are at fault because they caused your injuries and must be held liable for them. In many personal injury claims involving accidents, such as slips and fall accidents, motor vehicle crashes, and pedestrian crashes, an individual or entity can be at fault due to negligence. Negligence means the at-fault party didn’t act as a reasonably cautious individual would’ve acted in a similar situation.

In some cases, who is at fault is clear and easily determined. For instance, if another driver crashes into the back of your vehicle at a stop light because they were speeding or distracted, they are clearly at fault for the crash. In other cases, however, who is at fault is not clear. In accidents where one or more parties are at fault, the law must have a way to assign fault to all parties that partially caused them.

That’s where shared fault rules come in. Florida follows the rule of modified comparative negligence. Under this rule, you can be barred from recovering any compensation if your share of fault for an accident is higher than 50%. Take note that this rule is not applicable to claims based on medical malpractice resulting in wrongful death or personal injury. That’s why if you get into an accident and the other party is claiming you were partially at fault for it, you should speak to a Clearwater personal injury lawyer to ensure you get the compensation you deserve.

To understand how modified comparative negligence will affect your claim, let’s say the judge or jury determines that your damages are $200,000. They also determine that the other party’s share of fault is 51% and yours is 49%. In this scenario, you should subtract your share of fault from your damages, which is $200,000. This means you can only recover $102,000 instead of the entire $200,000. However, if it’s determined that your share of fault is higher than 50%, you will not recover any compensation.

Get Legal Advice From Our Reputable Clearwater Car Accident Attorney Today

If you have sustained injuries in an accident that you may have partially caused, you must ensure your share of fault is not higher than 50%. Otherwise, you will not receive any compensation to cover your accident-related losses, no matter how injured you are. To help ensure you secure the maximum compensation permitted under the law, book your free consultation with a Clearwater car accident attorney at Tragos, Sartes & Tragos by contacting us online or calling 727-441-9030.