What happens if the accident is partially my fault?

Understanding Your Case
Share This

What happens if the person who caused my injury is claiming it is partially my fault?

Your attorney will thoroughly investigate your case to determine what the evidence shows. If the evidence indicates the accident was entirely your fault, you have no basis to pursue a negligence claim against anyone else. If the evidence shows that the accident was partially your fault, you can still recover damages from other parties whose negligence also contributed to your injuries. Florida applies the comparative fault doctrine, meaning a jury can apportion fault among all negligent parties. If you are partially at fault, your damages will decrease by the percentage of fault attributed to you.

Comparative Fault

In March 2023, Florida law changed how comparative fault is applied in negligence cases. For any claims arising after that date, if the injured party is found to be more than 50% at fault, they cannot recover anything from any other party that contributed to the injury. If the accident was partially your fault, you may be able to recover damages as long as your fault does not exceed 50%, as determined by the court. Determining who is at fault and how the court assigns fault among multiple parties is not often easy. Generally, it depends on the evidence obtained during the course of our investigation. We must always assess the fault of all parties whose conduct contributed to the incident. This assessment differs in every case, depending on how the injury occurred.

Insurance Implications

If you’re partially at fault for the accident, it may affect the insurance coverages that apply. The other party’s insurance company may cover some damages. Your insurance coverage may cover other damages. It depends on the terms of the policies.

Legal Consequences

If you are partially at fault, the other party may pursue a claim against you and your insurance company. This can adversely affect your own claim and is an important factor in assessing your case.

Negotiation and Settlement

Accidents involving shared fault are often settled out of court through negotiations between the parties and their insurance companies. Our ability to negotiate a fair settlement may depend on factors such as the strength of the evidence, the extent of your liability, available insurance coverages, and each party’s willingness to compromise.

In any case, if you’re involved in an accident in which fault is disputed, it’s important to consult with an attorney who specializes in personal injury law to understand your rights and options.

Other Frequently Asked Questions

Hiring an Attorney

Why should you choose Romano Law Group?

Understanding Your Case

Who will be working on my case?

Understanding Your Case

How much is my case worth?

Understanding Your Case

Will my case settle or go to trial?

Understanding Your Case

What damages can I recover in my case?

Understanding Your Case

Do I have to pay back my insurance company after a car accident?