When Both Drivers Share Fault in a Florida T-Bone Accident
A T-bone accident, also called a broadside or side-impact crash, happens when the side of one car is hit by the front of another vehicle, forming a “T” shape at the impact point. T-bone collisions are among the most dangerous types of car accidents in Florida. Often, these collisions happen in intersections when one motorist runs a red light or fails to yield the right of way. However, not every T-bone accident occurs because of the fault of one driver. In some cases, both drivers share some level of fault. What happens in such cases? In this article, we discuss how fault is determined after a T-bone accident and how fault on your part can impact your ability to recover compensation.
How Is Fault Determined in Florida T-Bone Accidents?
Determining fault after a Florida T-bone accident involves evaluating which driver violated traffic laws by engaging in behaviors such as running a red light, driving while distracted, speeding, or failing to yield the right of way. It involves analyzing evidence, such as;
- Police reports
- Traffic camera and dashcam footage
- Witness statements
- Accident scene photos
- Accident reconstruction
Insurance companies and attorneys rely heavily on this evidence to determine how the accident happened and who is responsible.
What Happens When Both Drivers Are To Blame?
If, after investigation, it is determined that both drivers are to blame for the T-bone accident, fault is divided between the parties based on the degree of negligence, as per the comparative negligence rule. For example, if the other driver ran a red light and you were on your phone, the insurance company, your attorney, and the defense attorney will determine how fault will be divided between the two of you.
How Shared Fault Affects Your Compensation After a Florida T-Bone Accident
If you were involved in a Florida T-bone accident and you are partially to blame for your accident, you may or may not be able to recover compensation. This is because, after the 2023 legal reform, Florida now follows a modified comparative negligence law, which sets a limit to the percentage of fault you are allowed to bear in order to recover compensation. According to Florida Statutes Section 768.81, you can only recover compensation in a car accident claim if your percentage of fault was 50% or less.
While you can still recover compensation if you are 50% or less to blame for your Florida T-bone accident, your award will be reduced by your share of fault. If, for example, you are found to be 40% at fault and your damages total $150,000, you will only receive $90,000 (60% of $150,000). The requirement that your damages be reduced based on your percentage of fault exists to ensure that you, too, are held responsible for your contribution to the accident. This system promotes fairness by preventing people from recovering compensation for damages they partially caused.
Contact an Orlando Car Accident Lawyer
If you’ve been involved in a T-bone accident, contact our Orlando car accident lawyers at The Pendas Law Firm for help establishing liability and recovering compensation.
The Pendas Law Firm also represents clients in the Ocala, Jacksonville, Tampa, Miami, Bradenton, Daytona Beach, West Palm Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html