In any motor vehicle collision, it’s almost always necessary to identify the party who is at fault for the accident. Determining fault is essential to figure out the party liable for compensating the car accident victims for their losses and injuries. This isn’t always an easy process, however, and often requires the help of skilled lawyers.
In Florida, the determination of fault after a motor vehicle accident is one of the most crucial factors in any car collision claim. At Baker Legal Team, our skilled and highly-trained car accident lawyers have extensive knowledge and experience in dealing with Florida’s negligence laws and investigating collisions to determine the percentage that at-fault parties hold for crashes.
What Does Being a No-Fault State Mean?
Florida has a no-fault car insurance system. This means that if you’re involved in a car accident and you’ve sustained an injury, you can contact your own insurance company to file a claim for compensation regardless of whether you were at fault or not. Florida’s no-fault laws are put in place to ensure the medical expenses associated with your car accident-related injuries are covered no matter who the at-fault party is.
Drivers are required to buy personal injury protection (PIP). It helps cover your partial loss of income and out-of-pocket medical costs whether you’re the responsible party of the accident or not. After a car accident, this is your first line of recovery. You’re required to carry $10,000 of PIP coverage in Florida.
Florida Statute 627.736 states that with your PIP coverage, you’re mandated:
- 60% of any loss of earning capacity or income
- 80% of all reasonable medical costs
- $5,000 per person in death benefits
For you to file for compensation beyond your PIP coverage, you’ll have to show evidence that you suffered substantial or permanent injury. If you can prove this, you’re able to sue for extra coverage under your uninsured/underinsured motorist (UIM) policy or the other driver’s bodily injury liability (BIL) policy. Both are optional policies.
Determining the Percentage of Fault In a Florida Car Accident
Although Florida is considered a “no-fault” state, the fault must still be determined. In car collision cases where there’s substantial or permanent injury or property damage, you may be entitled to additional compensation. But, for this to occur, the negligent party must be established. Insurance adjusters in the state of Florida will generally determine fault. They’ll go over the driver accounts, police reports, and any other essential information gathered that is related to the car accident. Once they review all the essential information, they’ll determine the at-fault party and to what degree they’re at fault.
Florida additionally follows the pure comparative fault rule. This means when there’s more than one person found at fault in a car accident, each driver is held responsible for their share of all the losses resulting from the collision. They’ll assign a percentage of fault to each involved party. For example, you may be shown to be 30% liable for a collision. If you were to pursue compensation for your injuries and losses, you’d only be able to receive 70% of all your damages.
An experienced car accident lawyer can help you figure out what percentage of fault you may be held liable for in the accident while also helping you receive the maximum compensation for your claim.
How Are Other Parties Held Liable?
When determining negligence in a Florida car accident, lawyers will know how to prove different components of negligence, including a duty of care, a breach of this duty, causation, and damages.
Car crashes frequently occur because of the negligence of another driver. Some examples of common types of negligence while driving include drivers that:
- Drive in the wrong direction of traffic or wrong-way driving on the road
- Run a stop sign or red light
- Fail to stop or yield
- Improperly turn
- Improperly passing a car
- Drive erratically or speed
- Text or talk on the phone
- Configure or read a GPS
- Disregard road markings, traffic flow, and traffic signs
If you sustained injuries in a car accident, an experienced lawyer would first formulate the best strategy to get you compensated fairly.
Contact the Skilled Car Accident Lawyers at Baker Legal Team Today
If you were injured in a car accident in Florida but don’t know what percentage of fault you hold for a crash, reach out to Baker Legal Team to talk about your legal rights and options. We may be able to pursue the compensation you deserve for your injuries and losses whether you were partially to blame or not.
The determination of fault for a Florida motor vehicle accident can substantially affect how much compensation you may receive for your losses and injuries. Call our board-certified lawyers today at (561) 320-0000 or fill out our online form to speak with a reliable car accident lawyer to learn more about the process of finding the percentage of fault for a car accident.