What Is Partial Fault in Automobile Accident Settlements and How Does It Affect Your Claim?
Partial fault in car accident settlements can determine how much compensation a plaintiff may receive—if anything at all. Depending on your state, partial fault can bar you from collecting compensation or affect your claim settlement total. If you or a loved one was injured in a car accident, you may still have grounds to pursue compensation in certain states, such as Florida. Comparative negligence laws allow plaintiffs to collect financial rewards, provided that they meet legal standards. This blog will go over different types of comparative negligence laws, but you can also speak with a member of our legal team to better understand your legal options.
Comparative Negligence vs. Contributory Negligence
If you or a loved one was deemed partially at fault for the car accident at the scene by the law enforcement officer, you would want to confirm what negligence rules your state abides by, as this could affect your ability to receive compensation. In general, there are two types of negligence laws:
- Comparative negligence: This rule does not bar a plaintiff from demanding compensation for damages even if they are found partially at fault, though it may affect how much compensation they can receive.
- Contributory negligence: This rule bars plaintiffs who are even as little as one percent at fault for an accident from pursuing compensation.
If your auto accident took place in Florida, this state follows a comparative fault rule, per Florida Statutes § 768.81.
Not All States Follow the Same Type of Comparative Negligence Rule
Comparative negligence rules can also vary by state, so you may want to confirm with your west palm beach car accident attorney what kind of negligence laws your state follows so that you may have realistic expectations. The following comparative negligence rules exist:
- Pure comparative negligence: Under this rule, plaintiffs may claim damages regardless of their percentage of fault. Their compensation award will be based on their percentage of fault, though. So, if a plaintiff is found 99 percent at fault for an accident, they would receive one percent of the awards they claim if they win their case.
- Modified comparative negligence: Modified comparative fault rules set a standard for how much at fault a plaintiff can be for them to still collect compensation. Some states follow a 50 percent bar rule (plaintiffs cannot be found 50 percent or more at fault), while others follow a 51 percent bar rule (plaintiffs cannot be found 51 percent or more at fault). Like the pure comparative negligence rule, a plaintiff’s compensation award will also be reduced by their percentage of fault.
So, how could this apply to your case? Let’s say a speeding car hit yours on the left hand side when you attempted to merge your vehicle. However, you forgot to use your turn signal to indicate you were merging.
Despite the fact that the driver who hit your vehicle was speeding, you are deemed 30 percent at fault for the accident since the driver can claim they didn’t expect you to merge in front of them as they were speeding. If you win a $100,000 settlement, you would be able to collect 70 percent of the award, or $70,000.
A Lawyer Can Advocate for You and Argue Against Partial Negligence
Our law firm represents car accident victims in Florida, which abides by a modified comparative fault rule. As long as you are not found 51 percent or more at fault for an accident, you would still have grounds to financially recover some of your damages. Still, working with a Florida car accident attorney from our law firm can help you understand your legal rights without having to be burdened by building your case yourself.
When you work with our team, we offer to do the following:
- Investigate your vehicle accident, which may include reading a copy of the official crash report to see what the reporting officer stated
- Collect evidence to support your claims and also defend you from any allegations that you were also partially at fault for the accident
- Interview witnesses who may be able to support that the defendant was fully or mostly at fault for the accident
- Fill out the paperwork necessary for your case and submit your claim within its legal deadline in Florida, as written in Florida Statutes § 95.11
- Calculate the value of your damages, including any wrongful death damages if you lost a loved one in the accident
- Provide legal representation in all stages of your case, whether we negotiate a settlement for you outside of court or represent you in trial
If you have any questions about your case, feel free to reach out to our team.
Call the Law Offices of Wolf & Pravato to Get a Free Case Review
Partial fault in car accident settlement cases can determine whether plaintiffs receive compensation. So, if you’re wondering how partial fault might affect your claim, consider calling the Law Offices of Wolf & Pravato for a free case review. One of our team members can listen to your case and determine whether you have a case to contest any allegations that you were partially at fault for a car accident and whether you can pursue compensation for the damages you suffered.When you call our law office, we offer the first consultation for free, then assign a personal injury attorney to represent your auto accident case. We can start working for you as soon as you call, so don’t hesitate to start building your case today. content or Call us at (954) 633-8270.
