How Comparative Negligence Affects Truck Accident Claims in Florida
After suffering severe injuries and significant damages in a Florida truck accident, one of the first questions most people ask is, “Can I recover damages?” Another question many people ask is, “How much is my truck accident claim worth?” The answers to these questions depend largely on Florida’s comparative negligence laws. These laws determine how fault is allocated among parties after an accident. Understanding these laws is vital for evaluating the value of your claim and chances of success.
Understanding Liability in a Florida Truck Accident Case
After a Florida truck accident, the general rule is that the party or parties whose negligence caused or substantially contributed to the accident is/are responsible for the resulting injuries and damages. So, what is negligence? Negligence arises when a person’s actions are unreasonable, or in other words, when they fail to act with the same level of care another reasonable person would have exercised under similar circumstances. Unfortunately, most truck accidents occur due to negligence. To recover compensation after a Florida truck accident, you must establish negligence. To do this, you must establish the following elements;
- Duty of care
- Breach of duty
- Causation
- Damages
Potential Liable Parties After a Florida Truck Accident
After a Florida truck accident, liability may span across several parties. Some possible liable parties include;
- The truck driver
- The trucking company
- The cargo loading company
- The truck manufacturer
The above is not an exhaustive list. The best way to ensure you identify all potentially liable parties is to work with an experienced truck accident lawyer.
Understanding Comparative Negligence and How It Can Affect Your Florida Truck Accident Case
When multiple parties are involved in an accident, the principle of comparative negligence applies. This legal doctrine allocates fault among all parties involved in an accident. Comparative negligence is usually assigned as a percentage. The actions and inactions of all involved parties are considered, and then the fault is apportioned accordingly. The fault of all parties must add up to 100%.
There are two main approaches to comparative negligence in the United States that are used to assign blame to parties after an accident: pure comparative negligence and modified comparative negligence. Different states apply different rules. Under the pure comparative negligence rule, if the claimant is found to have contributed to their accident, they can recover compensation even if their percentage of fault is 99%. However, their compensation will be reduced based on their level of fault. On the other hand, the modified comparative negligence rule limits recovery based on the plaintiff’s percentage of fault. In Florida, a claimant cannot recover compensation if they are 51% or more at fault for their accident. This is the case even in a truck accident claim. And if you are 50% or below to blame for your accident, your compensation will be reduced based on your percentage of fault.
Simply put, the application of comparative negligence in a Florida truck accident claim can affect the amount of compensation a victim can recover. Demonstrating a lower percentage of fault or no fault is vital to maximizing recovery.
Contact Us for Legal Help
Our Jacksonville truck accident lawyers at The Pendas Law Firm are committed to helping clients fight for the compensation they deserve. Contact us today to schedule a consultation and discuss your case.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Fort Myers, Miami, Tampa, Ocala, Orlando, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
