Compensation for your injuries incurred after your car accident largely depends on who is found to be at fault. Fault is frequently the result of Negligence: Not using reasonable care or caution. But what if the other person wasn’t the only one negligent?
Comparative Negligence is the rule of law that determines responsibility and damages for every person involved in the accident. Liability is distributed among those found to be at-fault, which means if you’re found to be 30 percent responsible for an accident, you’ll have 30 percent less compensation. The challenge for lawyers, adjusters and courts is to determine who was responsible for what, and by how much.
Florida adheres to what is called Pure Comparative Negligence, meaning a judge or jury assigns a percentage of fault to each party and distributes the damage award accordingly. For example, if a driver is tailgating you and you slam on the breaks for no good reason, you each may be found partially at fault. You’ll have to pay some of the other driver’s damages, and the other driver will have to pay some of yours.
