Latest News & Articles About Personal Injury Attorney

That Believes in Personal Service

Auto Accident Damages – Florida’s Comparative Fault Law

Auto Accident Damages – Florida’s Comparative Fault Law

In Florida, if you have been injured in an automobile accident, bicycle accident, motorcycle accident,by a dangerous product, or in virtually any other negligence action, your damages will be reduced by your own percentage of fault. This is called “comparative fault,” and is set forth in Florida Statutes.

The concept of comparative fault is fairly basic. A jury is able to award an injured person his or her damages, but the Court will reduce it by the injured victim’s percentage of fault. For example, let’s assume someone was hit by a car on his or her bicycle, and a jury found that the the full measure of damages was $100,000.00. However, the jury also found that the injured bicyclist was 40% at fault. Under Fla Stat §768.81, the Court would reduce the judgment to $60,000.00 (subtracting the Plaintiff’s percentage of fault from the jury verdict).

This is potential extreme comparative fault!
An extreme example of Comparative Fault if passenger was injured!

The other day, I had my passenger take a photo at a red light in Tarpon Springs, specifically with the idea of doing a short blog on comparative fault. As you see, the passenger in the car in front of us had his legs hanging out of the window (all the way from New Port Richey – Pasco County – to Clearwater, in Pinellas County). I am not sure you could find a better example of what would be comparative fault if the car in front of us was in an accident, and the passenger suffered injuries. If this car was rear ended (due to absolutely no fault of the driver of the car in front of us), and the passenger suffered a compound fracture of the tibia – fibula, then he would likely be able to recover zero dollars for those injuries. Why? Because, rear end collisions don’t typically cause fractures of the lower extremities, which would be easy to prove. Therefore, 100% of the injuries to his legs would be due to his own negligence.

A far more common example of comparative negligence is the “seat belt defense.” This is when one is hurt in an automobile accident, and a defendant can prove that had the injured person been wearing a seat belt, all or a portion of the losses claimed would not have occurred.

Latest articles

Florida Bodily Injury Liability Insurance

Does Florida Require New Port Richey Car Accident Victims to Carry Bodily Injury Liability Coverage Insurance?

October 16, 2021

If you have been injured in a New Port Richey or Tampa Bay Car area automobile accident, you may have […]

The Differences Between Motorcycle and Car Accidents

Differences Between Motorcycle & Car Accidents

October 11, 2021

Accidents are definitely dreadful, no matter which kind of vehicle is involved. Just the thought of accidents may send your […]

3 Different types of product liability claims

3 Different Types of Product Liability Claims

September 20, 2021

Product liability claims are lawsuits brought by injured plaintiffs seeking compensation for damages caused by defective products. We as consumers, […]

Subscribe to our newsletter

Get the latest posts delivered right to your inbox

Subscribe

Subscribe_blog inner