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Tag Archives: auto accident attorney

What is Comparative Fault and How Does it Impact my Melbourne, Florida Auto Accident

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What is comparative fault and how does it impact my auto accident or motorcycle accident claim?

Palm Bay motorcycle accident attorney Renee Dial

Palm Bay motorcycle accident attorney Renee Dial

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.

Florida statute 768.81

“(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.

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Is it Your Fault for Rear Ending Someone in a Rear End Crash?

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Is it Your Fault for Rear Ending Someone in a Rear End Crash?

Auto Accident Attorney Renee Dial

Auto Accident Attorney Renee Dial

Is It Your Fault for Rear Ending Someone in a rear end crash?

By: Renee Dial

I have actually had clients with this same issue.  Most assume that when they rear end someone causing a rear end crash that the law states that it is their fault.  This is incorrect thinking and the car in front that caused the car accident may be responsible for your injuries so you should call a Melbourne and Palm Bay Florida car accident attorney at DKN Legal to help you fight the insurance company and in some cases the citation.

In auto accident cases drivers have a duty to use reasonable care and if they do not use reasonable care then they may be negligent even if they are the lead car in a rear end crash.  The Standard Jury Instruction for Negligence is below.

Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.” Read More