What To Do if You Are Partially at Fault for a Florida Car Accident
After a Florida car accident, many people immediately worry that if they’re partly to blame, they can’t get compensation. In Florida, that’s not entirely true. Even if you share some responsibility for a crash, you may still have the right to seek money for your injuries, medical bills, lost wages, and other damages.
Understanding Florida’s comparative negligence laws and knowing what steps to take after an accident can make a major difference in your case.
What To Do After a Florida Car Accident
Here are some vital steps to take if you believe you are partially at fault for a Florida car accident:
Stay Calm and Call the Police
After a Florida car accident, stay calm and call the police. Remember, you may not know exactly what happened. Let the police do their job.
A police report could be a key piece of evidence in your case. The report could include important details such as;
- Witness statements
- Notes about road or weather conditions
- A description of the vehicle damage
- Records of traffic violations
- The officer’s initial opinion on who was at fault
When you talk to police officers, make sure you stick to the facts. Don’t say things like “I’m sorry” or “It was my fault” that could be taken as an admission of guilt.
Get Medical Help Right Away
Even if your injuries seem minor, seek prompt medical attention. Prompt medical treatment is vital for your recovery. Additionally, it creates documentation of your injuries and makes it harder for insurance companies to claim that you weren’t really hurt or that your injuries aren’t related to the crash.
Gather Evidence (If You Can)
If you’re able, collect evidence at the scene. The more information you have, the better you can protect yourself from unfair blame. Take photos at the accident scene, get the names and contact details of witnesses. Additionally, exchange information with everyone involved. And if you notice security cameras nearby, take note of that. That footage can be helpful.
Be Cautious Talking to Insurance Companies
An insurance adjuster might call you shortly after your accident, asking for a statement. Be careful. Insurers are often looking for statements that shift more blame onto claimants in order to reduce payouts. Before you give a statement, speak to an attorney.
Florida Follows Modified Comparative Negligence
Many accident victims mistakenly believe they cannot pursue compensation because they may have contributed to the crash. The truth is that even if you’re partly at fault, you may still be eligible for compensation.
Florida adheres to the modified comparative negligence rule when it comes to car accident cases. This rule is codified under Florida Statutes section 768.81. Under this statute, you can still recover damages if you’re not more than 50% at fault. So, if you’re found 20% responsible and you’re awarded $100,000, you’d recover $80,000.
Insurance companies know these rules and often try to put more blame on victims to pay less. That’s why protecting your claim from the very start is crucial.
Contact a Miami Car Accident Attorney
A Miami car accident attorney at The Pendas Law Firm can investigate your accident, deal with insurance companies, and work to help you get the compensation you deserve, even if you were partly at fault. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Jacksonville, Daytona Beach, West Palm Beach, Bradenton, 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