Car crashes may be caused by a variety of factors, including human error, dangerous road conditions, and other external issues. Where negligence is involved, the parties who are liable for damages may be held accountable. The state of Florida operates on ‘pure comparative negligence’ rules when it comes to assigning liability. This means that the courts will assess each contribution to causing the accident, assign a percentage of fault to each party, and then determine how much compensation is owed. We have gone into detail about how liability is determined following a car accident in Florida:
No-Fault Insurance Policy
What makes Florida stand out from most states is its policy on insurance claims. Being a ‘no-fault state,’ respective motorist victims will file a claim with their insurance company for any damages incurred, regardless of who was to blame for the accident. It’s mandatory to have PIP (personal injury protection) and property damage liability (PDL) insurance, each with a minimum coverage of $10,000. However, in the event of severe car crashes resulting in serious injuries and damages that exceed the amount of coverage provided by individual policies, you can sue the other party for the additional expenses. Aside from its unique insurance policy, Florida, particularly Miami, is also a sought-after location for those looking to buy a house. When considering the mandatory insurance requirements in the state, it’s crucial to understand the importance of adequate coverage, especially when you’re planning to buy a house in Miami, check https://exprealty.com/us/fl/miami/houses/.
Assigning Liability
The courts in Florida will assign a specific percentage of fault to each party after taking into account all the factors that contributed to causing the accident – and parties found liable must bear the damages based on their respective share of negligence assigned to them. However, affected parties can still substantiate their claims by presenting evidence such as police reports, witness accounts, and medical records in court. Although the process may be complex and lengthy, seeking legal help can ensure that you are not held liable unjustly. A Vero Beach car accident lawyer at Kogan & DiSalvo can help guide you through the process and ensure that you receive fair compensation for any damages.
‘Pure Comparative Negligence’ Vs. ‘Modified Comparative Negligence.’
In some states, ‘modified comparative negligence’ is adopted when assigning liability after an accident. Under this system, a person is only held liable if their percentage of fault exceeds 50%. This means that you will only recover damages if the defendant’s contribution to the accident is at least 51%. In contrast, ‘pure comparative negligence’ awards damages in proportion to each party’s percentage of fault, regardless of whether it exceeds 50% or not. This ensures that even if you’re more responsible for the accident, you could still recover compensation. Whereas this system may be more beneficial to the victims, there’s a risk of counterclaims from the other party if you are found to bear more blame for the accident. However, if successful, you can expect compensation for the expenses incurred, which are not limited to medical bills and property damages – but can also include lost income and pain or suffering experienced.
Conclusion
When it comes to assigning liability in the sunshine state, the courts will follow ‘pure comparative negligence rules. You must seek legal help if you are involved in an accident to ensure that any claims made by the other party are valid and that you are not held responsible for damages unfairly. It’s best to keep track of all this information so that you’re covered. People will try to point the blame on someone else if it means they don’t have to spend money. You don’t need to deal with that. Remember, the court will assign a percentage of fault to each party after taking into account all the factors that contributed to the accident.
