What is comparative fault and how does it impact my auto accident or motorcycle accident claim?
By: Renee Dial
States vary on their versions of fault, however, Florida is a pure comparative fault state. What this means is that you and the other party can both be at fault for an accident and your percentage of fault reduces your recovery.
“(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.
(3) APPORTIONMENT OF DAMAGES.—In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.”
So if you were involved in an accident and a jury finds that you are 40% at fault you may be able to recover 60% of your injuries from the other party. So if your injuries were assessed to be $10,000 you would be able to recover $6,000 from the other party.
Now the other party can recover from you as well minus their percentage of fault. So in the above scenario the other party is deemed 60% at fault they would be able to recover 40% from you. Let’s say that their injuries are $20,000. That party would be able to recover $8,000 from you.
Most often an injured party thinks that they are filing suit against the other party when most often a claim is presented to the other party’s insurance company. At this stage the insurance adjuster will argue more fault on you and it is up to your attorney to either persuade the adjuster or file suit on your behalf.
If you are injured in an auto crash, motorcycle crash, bicycle crash, or hit by car walking down the road call Renee Dial at DKN Legal for a free consultation. (321) 329-5449 ext. 1 DKN Legal, PLLC “Your Community Your Attorneys”
Our office provides FREE CONSULTATIONS for Auto Accident and Motorcycle Accident cases and a variety of other injury cases.
If you have questions regarding bicycle crashes, automobile and motorcycle collisions in Melbourne, Palm Bay, Patrick Air Force Base, Cocoa, and the beaches. Or if you have any questions regarding insurance coverage on your auto or motorcycle please do not hesitate to contact Renee Dial at (321) 329-5449 ext. 1 or press 4 for new clients.
Nothing in this article should be construed as legal advice nor as forming an attorney-client relationship or any other form of legal representation. Consult with an attorney at DKN Legal or another attorney of your choice for legal advice.