Getting compensation can get tricky if you’ve been involved in a car accident and think you might share some of the blame. But don’t worry—being partially at fault doesn’t mean you’re completely out of luck.
In this article, Ali Awad, a car accident attorney, will break down how shared responsibility works, explain the ins and outs of comparative negligence, and highlight what steps lawyers can take to help you recover damages, even if you’re partially responsible for the accident.
The good news? You can still get compensation, even if the accident was partly your fault.
The catch is that the amount you receive may be reduced by the percentage of fault assigned to you. For example, if you’re 40% at fault, your compensation might be reduced by 40%.
Let’s explore how this works and your options to protect your rights.
What You Need to Know About Florida’s No-Fault Car Insurance
Florida’s no-fault system allows you to immediately get the help you need without proving who caused the accident. If you want more detailed information about these benefits, you can check out Florida Statute 627.736, but the basics boil down to getting you quick support when you need it most after an accident.
Here’s a breakdown of what’s included:
Medical Benefits
If you’re injured in a car accident, your PIP coverage will cover 80% of all necessary medical expenses. This can include doctor visits, surgeries, X-rays, dental care, and rehabilitation.
It also covers costs for prosthetic devices and ambulance and hospital services.
Disability Benefits
If your injuries prevent you from working, PIP will cover 60% of the income you’ve lost due to the accident. This benefit also accounts for a reduction in your ability to earn in the future, helping to ease the financial burden of time away from work.
Death Benefits
In the unfortunate event of a death due to a car accident, PIP offers a $5,000 death benefit per individual. This is in addition to the medical and disability benefits provided by the policy.
What Damages Are Covered When You’re at Fault?
When you’re at fault in a car accident, “damages” refer to the losses the other party suffers because of the accident. These can include things like:
- Medical expenses
- Prescription medication costs
- Vehicle repairs
- Lost income from time off work
- Compensation for pain and suffering
Luckily, in most cases, your insurance policy will cover these costs, so you won’t have to pay out of pocket—unless the damages exceed your policy’s coverage limits. If the other driver decides to sue for more money than your insurance will pay, you could be on the hook for the extra expenses.
This is more common in severe accidents, especially major injuries or fatalities.
In most situations, your insurance company will handle the negotiations and settle with the injured driver, so you likely won’t have to deal with a lawsuit or go to court. If the claim gets complicated or the other party demands more compensation, having an experienced car accident lawyer on your side can make all the difference in protecting your interests.
Caused a Car Accident? Here’s What to Do Next
Even if you’re at fault for a car accident, there are essential steps you should take to protect yourself and your rights.
Here’s what to do:
- Stay Calm and Stay Safe: Stop your vehicle and move to a safe area if possible, then check yourself and others for injuries. Call 911 immediately if anyone is seriously hurt; safety should always be your top priority.
- Report the Accident: Don’t leave the scene until law enforcement arrives, as doing so could result in a hit-and-run charge. Be sure to cooperate with the officers and provide the necessary information.
- Exchange Information: Ensure to exchange contact and insurance details with the other driver(s). Jot down their name, phone number, license plate number, and the make and model of their vehicle, as this information will be vital for your insurance claim.
- Document Everything: Take photos of the accident scene, including vehicle damage, your injuries, and the surrounding area. This visual evidence will help ensure everyone’s story stays straight and protect you from false claims.
- Contact Your Insurance Company: Notify your insurance company about the accident immediately. Failing to report it on time could jeopardize your coverage.
What Can Contribute to a Car Accident (Beyond Driver Error)?
Just because you were driving when an accident happened doesn’t automatically mean you’re at fault. There are many factors, beyond driver mistakes, that can lead to a crash.
Here are some common causes:
- Defective Vehicle Parts: Sometimes, a mechanical failure, like a tire blowout, can cause a driver to lose control. In these situations, vehicles’ faulty parts or manufacturing defects are often to blame.
- Poor Repairs: Imagine you had your brakes serviced, but the mechanic didn’t do the job right. If your brakes fail and lead to a collision, the fault may lie with the substandard repairs rather than your driving.
- Heavy Traffic: In certain situations, like gridlock or busy intersections, traffic conditions can limit maneuverability, making an accident more likely.
- Other Drivers’ Negligence: Sometimes, another driver’s reckless behavior—like speeding or running a red light—is the true cause of a crash, even if you were involved.
- Bad Weather: Rain, snow, fog, or ice can create hazardous conditions that lead to accidents, regardless of how carefully you drive.
- Road Hazards: Potholes, debris, or uneven road surfaces can cause a driver to lose control and cause an accident without your direct fault.
- Poor Road Design: A road or intersection design sometimes contributes to accidents. Blind spots, sharp turns, or confusing layouts can increase the risk of collisions.
- Inadequate Lighting: Dim or nonexistent streetlights can make it difficult to see, increasing the chances of an accident.
If you’ve been in a crash, it’s worth talking to a personal injury lawyer to explore all the factors involved and determine who is at fault.
How a Personal Injury Lawyer Can Prove the Other Driver Was at Fault
When a fault is shared in an accident, securing compensation can get tricky. That’s where our team of personal injury attorneys steps in to prove the other driver’s negligence and help you recover as much as possible.
Here’s how we do it:
- Gathering Key Evidence: We’ll collect crucial evidence such as photos, videos, witness testimonies, and the official police report. These pieces of evidence can paint a clear picture of what happened.
- Dealing with Insurance Companies: Negotiating with the other driver’s insurance company can be challenging, but our team will handle this for you, ensuring your rights are protected and you get the compensation you deserve.
- Bringing in Experts: To strengthen your case, we work with accident reconstruction specialists and other experts who can provide detailed insights into how the crash occurred and help establish fault.
- Taking Your Case to Court (If Needed): If the insurance company refuses to offer a fair settlement, we’ll take your case to court. Our lawyers will present all the evidence before a judge to prove the other driver’s responsibility.
In cases where both drivers share fault, the court will determine each party’s level of responsibility. Any compensation you receive may be reduced based on your percentage of fault, but with the right legal support, we’ll aim to minimize your liability and maximize your recovery.
Florida’s Statutes of Limitations For Recovering Damages
Knowing the legal deadlines for filing personal injury lawsuits is crucial in Florida. As per Florida Statute 95.11(4)(a), you generally have two years from the date of an injury to take legal action.
This statute of limitations applies to various incidents, including car accidents, pedestrian accidents, and slip and fall injuries. However, if your claim is against a government entity, you may need to act even faster due to shorter deadlines.
Having a personal injury lawyer on your side can be beneficial. They will manage these critical timelines and help you manage the complicated legal landscape, relieving you of the burden of keeping track of these details and minimizing stress throughout the process.
Protect Your Legal Rights After an Accident With the Help of Our Personal Injury Lawyers!
Even if you are found to be fully or partially at fault in an accident, you still possess significant legal rights that should be explored rather than dismissed. Consulting with our experienced car accident attorneys can ensure you receive a fair settlement and hold other parties accountable where applicable.
By engaging knowledgeable legal counsel, you can avoid missing out on potential compensation based on misunderstandings about your eligibility to recover damages.
All drivers, including those at fault, are entitled to fair settlements from their insurance for eligible expenses. Being at fault does not preclude you from challenging the extent of your liability or seeking shared accountability.
It’s crucial not to lose hope prematurely. Reach out today at (864) 664-3865.
We offer a complimentary case evaluation to help you understand your options and start the process toward recovery as quickly and smoothly as possible.
