Can I Still File a Claim if I was Partially at Fault in a Car Accident?

Feb 14, 2020 - Personal Injury

There are few things more jarring than auto accidents, and if you have just been involved, and especially injured in one, you most likely require financial compensation to help cover the cost of your medical bills, lost wages, and more. However, if you were partially at fault for the accident, you may be concerned as to whether you are still entitled to compensation. Fortunately, you do not have to panic–Florida’s liability law is, generally, favorable to accident victims; and, regardless of what you think may or may not have happened, you should generally proceed as though you have a claim for compensation. If you are someone who has been injured in an accident that was partially your fault, please read on and reach out to our experienced Florida personal injury attorneys to learn more about how we can help. 

How do I determine who was at fault for a car accident?

Determining who was at fault in a car accident can be an extraordinarily complex task. While assigning blame in a vehicle collision may seem straightforward, more often than not, there are complicated questions about liability that require both a thorough factual investigation and careful legal analysis. For example, suppose you were moderately exceeding the speed limit at the time of the accident. Was your speed a factor in the crash? Or, would you have been hit even if you were driving more slowly? If you collided with another vehicle, did you brake too late? Or, did the other driver brake too suddenly? Were your brakes or tires defective?

Until you have a clear picture of all of the facts and circumstances involved, there is simply no way to make an informed decision about your legal liability or your legal rights.

What if I am partially at fault for a car accident?

For the sake of discussion, let’s briefly assume that your negligence played a role in the accident. Does this mean you are on the hook for your medical bills, and that you will not be able to recover compensation for your lost wages, pain and suffering, and other losses? Not necessarily.

In Florida, car accident cases are subject to a rule known as, “pure comparative fault.” The law states that even if you were partially at fault in an accident, in many cases, you are still entitled to recover partial compensation. As long as you are not the only one to blame for what happened, you can seek a financial recovery that is proportionate to the other driver’s (or other liable party’s) level of responsibility. So, if you and another driver were both at fault, there is a very good chance you are still entitled to compensation, even if your percentage of fault exceeds 51%. That being said, to adequately determine the percentage of fault in a car accident, you will need an experienced personal injury firm on your side. That is where we come in. Our firm is ready to help you recover the financial compensation you deserve and need–all you have to do is ask. 

Contact our experienced Florida firm

Ansbacher Law is composed of knowledgeable attorneys who are ready to assist clients with various legal matters throughout North Florida. We understand the urgency of your personal injury claim and additional legal matters, which is why we provide each of our clients with compassionate and efficient legal assistance, every step of the way. Please contact our office for an initial consultation today.

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