Just got into a car wreck in Tampa? You’re probably dealing with a ton right now. Damaged car, maybe some aches and pains and definitely a headache trying to figure out the insurance stuff. It’s normal to feel overwhelmed.
But what if you’re also wondering if you played a part in what happened? Did you make a mistake too? Florida has a system for that. It’s called comparative negligence. It means that sometimes, more than one person can be at fault in a car accident.
Fault isn’t always clear-cut. This can make figuring out your claim even more confusing. That’s where a Tampa car accident lawyer comes in. They can help you understand this whole area of the law and how it applies to your situation.
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What is Comparative Negligence in Florida?
Comparative Negligence Statute in Florida is the legal concept that deals with blame in car accidents. It emphasizes that more than one person can be at fault for a crash. It’s not always one driver being completely wrong and the other completely innocent. Sometimes, both the vehicles and their drivers are at fault for the accident.
Thus, in Florida’s comparative negligence system, even if you were partly to blame for the car accident, you can still get money for your damages. But the amount you get will be reduced by the percentage of fault they say you had.
For instance, it so happens that you’re in a car wreck. Turns out, the other driver was texting, but maybe you also didn’t signal your lane change. A jury might say the other driver was 75% at fault for texting and you were 25% at fault for not signaling.
If your total damages were $20,000, you could still get 75% of $20,000. So even if you think you are at fault also, it doesn’t mean you’re out of luck. Talking to a car accident lawyer can help you figure out how this applies to your specific situation.
How Comparative Negligence Impacts Your Car Accident Claim in Tampa
Florida’s comparative negligence rule directly impacts the compensation you might get after a car accident. When you file a claim, the insurance company will investigate to figure out who caused what. They’ll look at the police report, talk to witnesses and piece together what happened. Based on this, they’ll try to assign a percentage of fault to each driver.
Whatever percentage of fault they pin on you is the exact percentage that will be taken off your total compensation. However, the insurance company’s initial fault assessment isn’t set in stone and it’s not always looking out for you. That’s why having a Tampa car accident injury lawyer is so important.
They can dig into the details of the accident, build a strong case to show the other driver was more at fault (or you were less at fault) and fight to protect your right to full and fair recovery for damages.
Common Scenarios Where Comparative Negligence Might Apply
Let’s look at some everyday situations where comparative negligence often comes up after a car accident. These examples can help you see if your situation might involve shared fault.
1. Speeding and Not Yielding
Suppose a driver is going a bit over the speed limit on Dale Mabry Highway. Another driver pulls out from a side street and doesn’t wait for traffic to clear. Boom, accident! The speeding contributed but so did the failure to yield.
2. Yellow Light Rush and Looking Away
Picture someone trying to make it through a yellow light as it turns red. At the same time, the driver with the green light glances down for a second. They collide. Both decisions played a role.
3. Bad Brakes and Tailgating
What if a car has worn-out brakes, making it harder to stop quickly? The driver behind them is also following too closely and can’t stop in time. Both the faulty brakes and the tailgating contributed.
4. Jaywalking and Fast Driving
Think about someone crossing a busy road near USF outside of a crosswalk. A car comes along a little faster than the posted speed. An accident happens. The pedestrian traffic regulations not being followed and the driver’s speed could be to blame.
These are just a few ways fault can be shared. Every accident is different but these examples show how comparative negligence works in real life.
Why You Need a Tampa Car Accident Attorney to Handle Comparative Negligence?
Imagine you’re approaching a busy intersection in Tampa. The light turns yellow and you proceed, thinking you can safely make it. Another driver, coming from a cross street, also enters the intersection, perhaps misjudging the timing or assuming you would stop. A collision occurs. The police report might vaguely state “failure to yield” but not clearly assign fault.
- Without a Lawyer: You might accept the insurance adjuster’s initial assessment that you were partially at fault for proceeding on a yellow. This could significantly reduce your settlement.
- With a Lawyer: Your attorney will investigate further. They will review traffic camera footage, interview witnesses who saw the light sequence and analyze accident reconstruction data to demonstrate the other driver’s more significant negligence in entering the intersection unsafely. They’ll fight to minimize your assigned fault percentage, potentially increasing your compensation substantially.
Beyond just the fault, a local personal injury lawyer will also make sure all your damages are accurately calculated. This isn’t just about your medical bills and car repairs. It includes lost wages, future medical expenses, pain and suffering and other losses you’ve incurred.
They know how to:
- Build a compelling legal argument
- Present your argument to a judge or jury
- Fight to reduce your liability
- Negotiate with insurance companies
- Maximize your compensation
Don’t do it alone when dealing with comparative negligence! Your financial recovery depends on having strong legal representation.
