Can Both Drivers Be at Fault in an Orlando Car Accident?

Car accidents are unfortunately common occurrences in Florida, with Orange County not being an exception. According to the FLHSMV, in 2023, there were 26,234 traffic crashes in Orange County alone. Orlando is the most populated city in Orange County, so it is no surprise that the city records the highest number of traffic collisions in Orange County. After an Orlando car accident, determining fault is one of the most crucial things. In Orlando, FL, after a car accident, it may be possible to recover financial compensation for the injuries and damages sustained from the at-fault party. But what happens when both drivers are at fault for the accident? Is such a scenario even possible? Read on to find out the answers to these questions.

Can Both Drivers Be at Fault in an Orlando Car Accident?

Simply put, both drivers can be at fault in an Orlando car accident. For example, imagine a scenario where Driver XX fails to yield at a stop sign, and Driver ZZ runs a red light, resulting in a car accident. In such a case, both drivers may be at fault for the accident. Another scenario where both drivers may be at fault is if Driver A is following too closely and Driver B stops suddenly without warning. Car accident cases where both drivers are at fault can be complex, requiring the involvement of a qualified car accident lawyer. If you and the other driver involved in your Orlando car accident share blame, you should contact a skilled lawyer as soon as possible. An attorney can help you navigate the complexities of your case.

Comparative Negligence in Florida

Florida is one of the many states that follow the comparative negligence system. Under this system, when more than one driver is to blame for a car accident, each party’s level of blame is assessed and apportioned as a percentage. Following the first example in the previous section, Driver XX, who failed to yield at a stop sign, might be apportioned 40% of the blame, whereas Driver ZZ, who ran a red light, might be apportioned 60% of the blame.

Effects of Comparative Negligence on Compensation Claims

In Orlando, just because you are partially to blame for your car accident does not automatically preclude you from seeking compensation from the other driver. Florida currently follows the modified comparative negligence rule. According to this rule, you can recover compensation in a car accident claim as long as you are not more than 50% at fault for the accident.

While Florida law allows you to recover compensation from the other driver if your percentage of fault is 50% or below, your compensation will be reduced by your percentage of fault. For example, if you are 40% to blame for your Orlando car accident and the total damages incurred are $150,000, your damages would be reduced by 40%, and you would recover $90,000.

Contact Our Orlando Personal Injury Attorneys

If you have been involved in a car accident and need legal help, contact our Orlando personal injury attorneys at The Pendas Law Firm. We are experienced in helping people recover proper compensation for their injuries and damages.

The Pendas Law Firm also represents clients in the Ocala, Fort Lauderdale, Fort Myers, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.

Source:

flhsmv.gov/traffic-crash-reports/crash-dashboard/

By Pendas Law Firm | Posted on June 10, 2024

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