Generally, yes comparative fault applies to car accidents in Florida. Thus, a jury is to look at all parties and non-parties that are raised in the pleadings and to assign a percentage to anyone that may be at fault. AND the jury can look at the plaintiff (the person suing) as well in terms of apportioning fault. It is easier to look at some general examples to explain. A car is stopped at a red light and then the light turns green but the person is texting, so 30 seconds goes by and they are just stopped at the green light. A car comes and does not realize the car is stopped at the green light and hits them from behind. In these scenarios, a jury will often find all or most of the fault against the car that hit the car from behind and as discussed on prior blogs, there is a presumption of fault against the car from behind in the rear end collision. In that law suit, the car from behind very well may argue that the person sitting in the car texting bears some responsibility for being stopped at a green light. If the jury “buys” that argument they may attach some blame/fault against the car in the front. For example, they may assign 25 percent fault against the car in front. If the jury also finds that the personal injury damages are $40,000, then the verdict gets reduced by 25 percent and the plaintiff will recover a judgment of $30,000.
If you have been in any sort of car accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) 561-265-1976 Boynton Beach satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. Attorney Gary J. Drucker is here to help you with your case, if you have been in a car accident. The law firm only charges fees and costs if it recovers money for you. Our law firm motto is: Personal Injury deserves personal attention, so please call today for a free consultation!
It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.
