Can You Sue If You’re Partially At Fault in a Car Accident?

Car accidents can be stressful and confusing, particularly when determining who is at fault. Many drivers wonder whether they can pursue compensation if they were partially responsible for the crash. In Florida, understanding how fault works and how it affects your ability to recover damages is crucial for protecting your rights.

Florida’s Comparative Fault System

Florida follows a “pure comparative fault” system. This means that even if you are partially at fault for an accident, you can still recover damages. Your compensation, however, will be reduced based on the percentage of fault assigned to you.

For example, if a court finds that you were 30% at fault in an accident and the total damages amount to $50,000, your recovery would be reduced by your share of responsibility. In this case, you could recover $35,000. The other party’s fault percentage directly affects the amount you can claim.

Determining Fault in a Car Accident

Assigning fault in a car accident is not always straightforward. Factors such as traffic laws, witness statements, and physical evidence all play a role. Police reports can provide an initial assessment, but they are not final determinations of fault. Insurance companies and, if necessary, courts will evaluate all evidence to assign percentages of responsibility.

Contributory actions, like running a red light, speeding, or failing to yield, may increase your share of fault. On the other hand, the other driver’s actions, such as distracted driving or violating traffic laws, can reduce your percentage of responsibility.

Filing a Claim When You Share Fault

If you are partially at fault, you can still file a personal injury claim. In Florida, the law allows you to pursue damages regardless of your degree of responsibility. Your lawyer can negotiate with the other party’s insurance company or, if needed, file a lawsuit to secure fair compensation.

It is important to provide accurate information about your actions and the circumstances surrounding the accident. Misrepresenting your role can hurt your credibility and reduce your chances of a successful claim.

Types of Compensation Available

Even if you are partially responsible, you may be entitled to various forms of compensation. Common categories include:

Medical Expenses: Costs for hospital visits, surgeries, medications, rehabilitation, and ongoing treatment related to the accident.
Property Damage: Repair or replacement costs for your vehicle and any other property damaged in the crash.
Lost Wages: Compensation for income lost due to injuries that prevent you from working.
Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life caused by the accident.

The total compensation will be adjusted based on your share of fault. Careful documentation of all expenses and injuries is essential to maximize your recovery.

Insurance Considerations

Florida is a no-fault insurance state, which means that your own Personal Injury Protection (PIP) coverage pays for certain medical expenses regardless of who caused the accident. However, PIP coverage has limits and may not cover all costs, especially for severe injuries.

Once damages exceed PIP coverage or if your injuries meet specific thresholds, you can pursue a claim against the at-fault driver. Even if you share responsibility, you can still recover compensation, though your payout will reflect your percentage of fault.

Legal Representation Can Make a Difference

Navigating a partial fault car accident claim can be complex. Insurance companies may try to minimize your compensation by emphasizing your role in the accident. A skilled personal injury lawyer can help protect your rights and ensure that your share of fault does not unfairly reduce your recovery.

A lawyer can:

Gather evidence to establish the other driver’s negligence.
Calculate damages accurately, including medical costs, lost wages, and future expenses.
Negotiate with insurance companies to reach a fair settlement.
Represent you in court if a lawsuit is necessary.

Having professional guidance increases your chances of receiving compensation that reflects the full impact of your injuries and losses.

Important Deadlines to Keep in Mind

In Florida, there are strict deadlines for filing claims and lawsuits. The statute of limitations for personal injury claims is generally four years from the date of the accident. Waiting too long to take legal action can result in losing your right to recover damages.

Promptly consulting a personal injury attorney helps ensure that all necessary steps are taken within the legal time frame. This includes gathering evidence, identifying witnesses, and filing any required claims or court documents.

Conclusion

Being partially at fault in a car accident does not prevent you from seeking compensation in Florida. The state’s pure comparative fault system allows injured parties to recover damages adjusted according to their share of responsibility. Understanding how fault is determined, what compensation is available, and how insurance impacts your claim is essential for making informed decisions after an accident.

Working with an experienced personal injury lawyer in Lakeland can help you navigate the complexities of partial fault claims. Professional guidance ensures that your rights are protected, your damages are properly calculated, and your case has the best chance for a favorable outcome. Even if you share some responsibility, you may still be entitled to compensation that can cover medical bills, lost wages, and other expenses resulting from the accident.