Comparative Negligence and Compensation

Car accidents can be devastating, leaving some with serious, life changing injuries. After an accident, injured parties may seek damages through an insurance claim or a personal injury lawsuit. When seeking damages in Florida, injured parties need to be aware of comparative negligence laws and how these laws can reduce the amount of damages available to them.

The attorneys of Chanfrau & Chanfrau would like to take a moment to discuss comparative negligence in Florida car accident claims and how it affects your compensation. If you live in or around Daytona Beach, FL, and Palm Coast, FL, and have questions about comparative negligence and your car accident claim, we welcome you to schedule a consultation with one of our attorneys.  

What Is Comparative Negligence? 

When a car accident happens between two vehicles, it’s fairly common for both drivers to share some fault in the accident, like when one driver is speeding and the other driver doesn’t notice because they were texting or otherwise distracted. In the state of Florida, comparative negligence laws exist to address the issue of shared fault in car accidents or other types of accidents.

Under comparative negligence laws, liability is split between at-fault parties based on the degree to which each party is deemed responsible for the accident. Damages are then reduced by the percentage of a person’s own negligence. 

How Does Comparative Negligence Affect Compensation?

Comparative negligence laws are used to determine a percentage each person involved in a car accident is liable for the accident. This percentage is then used to reduce the amount awarded for damages, taking the injured party’s own liability into account. 

What this means is that if someone is partially at fault for an accident they were injured in, their compensation for their injuries will be reduced by the degree to which they were deemed liable. For example, if one party is found to be 70% responsible for an accident and the injured party is 30% responsible, the injured party’s settlement would be reduced by 30%.

It should be noted that although parties who are partially at fault may recover compensation for their injuries in a car accident, those who are found to be more than 50% at fault may not be able to recover damages since they are at greater fault for the accident, or in other words they’re primarily responsible for their own injuries. 

An Attorney Can Help Maximize Compensation

When seeking compensation for a car accident claim in Florida, all parties involved may be held partially liable. 

A car accident attorney can gather evidence, consult experts, and obtain key documentation to reduce liability, attribute fault to other parties, and maximize compensation for their client. 

Contact the Car Accident Attorneys of Chanfrau & Chanfrau 

If you have been injured in a car accident, it’s important to speak with an attorney to help you get the compensation you deserve. We invite you to schedule a consultation with one of our Daytona Beach attorneys to discuss the details of your car accident claim.