On Behalf of Rosenthal, Levy, Simon & Sosa | September 22, 2024 | Bicycle Accidents
Bicycle accidents can be a life-altering experience, as they often result in long-term injuries. These incidents become even more complicated if you believe you might have been partially at fault or the driver is trying to blame you. If you're wondering whether you can still pursue a claim in Florida if you share fault, the answer is often yes. Florida's laws allow injured parties to pursue legal recovery, even if they share responsibility for the accident, as long as they are less than 50% liable.
Always seek the services of a Port St. Lucie bicycle attorney to protect your interests. Be sure to choose a lawyer from a reputable law firm with a solid history of handling challenging bicycle accident cases in Florida.
What Happens if I Am Partially at Fault?
In Florida, the concept of "comparative negligence" applies to personal injury cases, including bicycle accidents. This means that even if you were partially at fault, you might still pursue a claim for your injuries.
It is important to note that the defendant's insurance company will likely try to use the comparative negligence doctrine to reduce their liability. Your lawyer can gather evidence and present arguments to demonstrate that your contribution to the accident was minimal. This can help increase your chances of receiving maximum compensation for your injuries.
How Does My Share of Fault Affect My Compensation?
Your share of fault directly affects the amount of compensation you can recover. In Florida, your compensation will be adjusted according to your level of fault. If you are partially at fault, the total damages awarded will be reduced proportionally.
As of March 2023, the state adopted a modified comparative negligence system (Florida Statutes § 768.81), which bars recovery if you are found to be more than 50% at fault for the accident. However, you can obtain reduced compensation if you were less than 50% liable.
For example, if you were found to be 30% at fault for the bicycle accident, the other party’s fault would be valued at 70%. This means that if you are awarded $10,000 in damages, your final payout would be reduced by 30% to $7,000. However, if you were found to be 60% for the incident, you would not be able to recover any compensation.
This reduction can greatly impact your financial recovery, which is why having an attorney is so important. A Port St. Lucie bicycle accident lawyer will ensure that your share of fault is fair and accurate to increase the amount of compensation you receive. They can also negotiate with opposing counsel and represent you in court if necessary, to protect your right to adequate compensation.
A Port St. Lucie Bicycle Accident Attorney Can Help You Pursue Your Claim
If you’ve been involved in a bicycle accident in Florida and believe you may be partially at fault, it’s advisable to enlist the help of an attorney as soon as possible. The laws surrounding comparative negligence can be complicated, and your compensation may depend on how your case is handled.
At Rosenthal, Levy, Simon & Sosa, our bicycle accident attorneys can guide you through the process of seeking justice even if you were partially at fault. We will protect your rights and help you secure the rightful compensation for your injuries. Contact us today for a free consultation.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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