If You Were Partly at Fault in a Car Accident, Can You Still Sue for Your Injuries?
While your rights differ depending on where you live and how much you contributed to the accident, in many cases, yes, you can sue for a car accident injury even if you were partially at fault.
Cases with multiple liable parties can become complicated very quickly, so it is a good idea to hire a car accident lawyer to assist you in seeking damages.
Contributory Negligence and Your Right to Car Accident Compensation
Each state sets its own laws regarding when you can sue for negligence. Laws that specifically account for the plaintiff’s own negligence are referred to as contributory negligence or comparative negligence laws.
Using Florida as an example, here is how comparative fault may impact your case.
When Can You Sue Despite Sharing Car Accident Liability?
You can find Florida’s comparative fault law in Florida Statutes § 768.81. This law explicitly states that, even if you share fault, you have the right to pursue damages. However, the maximum amount you can potentially receive decreases as your share of liability increases.
For instance:
- Say that the accident occurs when someone tries to merge lanes.
- The merging driver was behaving aggressively and failed to signal their intentions, so they are definitely at fault.
- At the same time, say that you were texting and driving. Had your attention been on the road, you might have noticed the danger presented by the merging driver in time to take action to avoid them.
- The court finds you partially at fault for the crash. If they decide you are 20 percent responsible, then your monetary award will decrease by 20 percent.
When Are You Barred From Suing for a Car Accident?
Per the above statute, the only time you cannot sue for a crash you partially caused is if you are “greater than 50 percent at fault.” In other words, if an investigation determines that you are 51 percent responsible for the accident, you are barred from recovering any compensation—and the other party may have grounds to sue you.
An attorney familiar with legal liability in car accidents can investigate your case and work to prove that you are eligible to file a lawsuit.
Other Laws That Affect if You Can Sue for a Car Accident
You can only sue for a car accident injury, regardless of whether or not you were partially at fault if you start your case within your state’s statute of limitations. For example, Florida residents must begin a case within two years of the accident, or else they are no longer eligible for compensation, per Florida Statutes § 95.11(4)(a).
Depending on the state you live in, you may have other considerations to bear in mind as you navigate the legal system. You might find it helpful to retain a fort lauderdale personal injury lawyer who:
- Has dealt with car accident cases in your state before
- Can explain the ins and outs of contributory negligence and how it applies to your situation
- Can help you file paperwork on time and meet all of the deadlines in your case
- Can protect your rights if the liable party’s team takes any action to undermine them (e.g., trying to tell you that you are not eligible for damages even though you are)
Fault Determination in a Personal Injury Lawsuit
How can a lawyer help prove that you meet the threshold for seeking compensation in your state? As soon as you hire them, they can get to work on:
- Proving negligence by collecting evidence from you, the liable party, your doctors, the police, and witnesses
- Analyzing the evidence to figure out exactly what happened and who is responsible for which parts of the crash
- Determining what arguments the liable party’s insurance company plan to make against you and refuting those arguments
Seeking Compensation for a Car Accident Injury
Once your fort myers car accident lawyer has built the strongest possible case, they can explain the different ways of seeking compensation and help you decide which approach is best for you. For many people, this involves negotiating a settlement; others may have to go to court. Either way, they can:
- Draft and review any settlement agreements
- Represent you in front of the insurance company and/or a judge and jury
- Push hard to get you the compensation you are entitled to receive based on both the severity of your injuries and your share of liability
- Respond to all of your questions in a timely fashion so you know what is happening with your case and what decisions you should make
Were You Partly at Fault in Your Car Accident? We Can Help
Even if you were partially at fault, you can sue for a car accident injury and get compensation for some of your losses. The caring and attentive staff at the Law Offices of Wolf & Pravato can help you do so. Call our office at (954) 633-8270 to get a free case review from a member of our team today.
