Being in a car accident can be overwhelming and confusing. Many people don’t know what to do next and often jump to conclusions about their rights and options. It’s easy to assume that you can’t recover compensation if you’re at fault, but that’s not always the case, especially in Florida. Let’s clear up some of these misconceptions and help you understand your options.
What are the different types of negligence laws?
When it comes to determining who’s responsible for a car accident, states use different approaches. The two main ones are:
- Comparative negligence: This system allows you to recover damages even if you’re partly at fault. Comparative negligence can be either pure or modified. Pure negligence allows for recovery of damages regardless of the plaintiff’s level of fault, while modified negligence sets a threshold, such as 50%, beyond which the plaintiff cannot recover damages.
- Contributory negligence: This stricter approach can prevent you from getting any compensation if you’re even slightly at fault.
Too often, people misunderstand the law, believing that admitting fault or having any role in a crash bars them from meaningful financial recovery. Fortunately, that is not the case in Florida.
Florida’s approach: Modified comparative negligence
In Miami and throughout Florida, the law recognizes modified comparative negligence. Here’s what that means:
- You can recover damages even if you are partly at fault, as long as your fault is not 50 percent or greater. Being at least 51 percent to blame means you cannot recover damages.
- Your compensation will be reduced by your percentage of fault. For example, if you’re 20% at fault and your damages are $10,000, you would receive $8,000.
This modified comparative negligence system aims to be fair to all parties involved in a motor vehicle accident. It recognizes that accidents are often complex, with multiple factors and parties potentially at play.
Don’t assume – Know your rights
Understanding the laws surrounding car accidents can be complex, but it’s crucial to making informed decisions about your case. By knowing your rights and options, you can avoid costly misconceptions and secure the financial recovery you need to move forward.