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Auto Accidents In Florida: Understanding Comparative Fault


From a young age, drivers are taught a specific set of steps to take if they are involved in an auto accident.  These include not leaving the scene, taking photographs of the damage, and taking notes that provide a narrative of how the accident transpired.  For accidents that cause personal injury to an individual, these steps help to build a case against the other party in the event that negligent behavior can be proven.

The state of Florida follows a system known as “comparative fault”, also known as comparative negligence, when determining how compensation will be rewarded in personal injury cases.  This system can be somewhat complex for people to understand, especially if this is their first time attempting to receive compensation for injuries or damages incurred from an auto accident.

If you are a Florida resident that has recently been involved in an auto accident that caused personal injury or damages and you believe the other driver was at fault, you are likely looking to pursue legal action with the assistance of a personal injury attorney.  In order to engage in productive conversations from your first meeting with your attorney, read on to discover what Florida residents should know about comparative fault laws in your state.

What is Comparative Fault? 

When you file a personal injury lawsuit against the other driver involved in an accident, you will be known as the plaintiff and the other party will be the defendant.  Comparative fault laws allow the defendant to state a case that you were partially at fault for the accident.

The courts will want to know how your behavior contributed to the accident.  Were you obeying traffic signs and signals?  Were you speeding or distracted by your phone?  Was the weather severe enough to justify generally unsafe driving conditions?  These are just a small example of the kinds of questions the courts will ask when determining comparative fault in personal injury cases.

Considering Florida’s No-Fault Insurance System 

It is important for Florida residents to understand that the state uses a no-fault insurance system in regards to auto accidents.  This system means that in most cases, all parties involved in an auto accident will first file their claim with their insurance providers, and the insurance companies will disperse the necessary funds to cover damages regardless of who was at fault.

This system requires all drivers in Florida to maintain personal injury protection (PIP) coverage.  However, there are certainly instances in which accident victims can pursue legal action.  If a serious injury occurred due to the other driver’s negligence, and you believe this can be proven in a court of law, then contacting a personal injury attorney should be on the top of your “To Do” list.

Trusted Orlando Professionals 

For over thirty years, Payer Law has been serving Orlando and the surrounding counties.  By thoroughly consulting with plaintiffs and examining the circumstances that led to an accident, our Orlando personal injury attorneys help accident victims receive the monetary compensation they are entitled to.  Contact us today for help.


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