Car accidents often happen so fast that there can be considerable disagreement as to what happened. In some cases, the at-fault driver is unwilling to accept responsibility for their own role in the accident and looks to blame the other driver. Whether they claim the accident is entirely or partially your fault, it can have important implications for your claim. If you have been injured in a car accident and the at-fault driver is blaming you, A Fort Walton car accident lawyer can overcome this argument and help you get the compensation you deserve.
Understanding Contributory/Comparative Negligence in Florida
Florida follows what is referred to as the “pure comparative negligence rule.” Under the pure comparative negligence rule, an injured party is allowed to recover compensation even if they were partially at fault in causing the accident. The amount of compensation the injured party is entitled to recover will then be adjusted according to what percentage their negligence contributed to the accident.
For example, if you were 50% responsible for the accident, whatever compensation you are entitled to receive would be reduced by 50%. Under Florida law, you can still recover compensation even if you were more than 50% responsible for the accident.
As a result, the other driver’s claim that you were at least partially to blame could have a significant impact on the compensation you need to recover from your injuries. A Fort Walton car accident attorney can review your case and determine whether this could be an issue in your case.
How is the Percentage of Fault Determined?
Car accident cases where both parties are at fault are difficult and often require a lawsuit to reach a resolution. In that situation, the jury will determine how much each party’s negligence contributed to the accident based on the facts and circumstances surrounding the case. That said, the insurance company may also attempt to make this calculation in an attempt to settle your claim. A Fort Walton car accident lawyer can help you negotiate your claim with the insurance company and ensure that you receive fair compensation.
Why You Need a Fort Walton Car Accident Lawyer
It is important to remember that the other party must prove the following:
- That you were in fact negligent; and
- That your negligence contributed to the car accident.
The mere assertion that you were partially to blame is not enough. A Fort Walton car accident lawyer can demand strict proof of the other driver’s claim and introduce evidence that rebuts their claim. And even if you think you may be partially responsible for the accident, your attorney can make sure that your contribution to the accident is calculated fairly.
Contact a Fort Walton Car Accident Lawyer Today
If the other driver is claiming you were at least partially responsible for your accident, you need someone on your side who knows how to defend against such claims. To discuss your case with an experienced Fort Walton car accident lawyer, contact Powell Law Firm at 850-682-2757 to schedule a free consultation today.