On Behalf of Rosenthal, Levy, Simon & Sosa | September 1, 2024 | Car Accidents
If you've been hurt in a car accident, your ability to get compensation from the other driver's insurance company depends on the assessment of your fault and responsibility in the crash.
If you were partially at fault, the insurance company or court will apportion a percentage of the fault for the incident to you. The other party will also get a share of fault based on their actions.
Note that insurance companies often try to shift more blame onto victims to minimize their own liability. Sometimes, they will even assert wrongful blame on victims.
Therefore, you need a car accident attorney from an established Port St. Lucie law firm to help protect your rights. With the right legal counsel, you can challenge wrongful blame and ensure your compensation is not wrongfully reduced.
What Is Partial Fault?
Partial fault refers to a situation where more than one party is responsible for causing an accident. This means that each party's actions contributed to the event, and their level of responsibility is assessed as a percentage of the total fault. Legally, this concept is known as comparative fault or comparative negligence.
For example, consider a scenario where two people are involved in a car accident. One was driving over the speed limit while the other made an improper lane change. The determination of partial fault might conclude that the speeding driver is 40% at fault due to speeding, and the other is 60% at fault for the improper lane change.
In personal injury cases, the doctrine of partial fault helps ensure that each party is held accountable for their contribution to the incident but can still recover partially for their losses.
Can I Claim Compensation if It Was My Fault?
In Port St. Lucie, Florida, the principle of comparative negligence is crucial in personal injury and accident cases. Last year, Florida adopted a "modified comparative negligence" system, meaning that injury victims can sometimes - but not always - collect compensation if they were partly to blame.
You can claim compensation even if you are partially at fault for the accident, so long as you are less than 50% at fault. The compensation you receive will reflect the percentage of your fault. For instance, if you are found to be 30% at fault for a car accident, you can still recover 70% of your total damages.
Handling personal injury lawsuits becomes challenging when assigning fault to various involved parties. A car accident attorney in Port St. Lucie can investigate the accident to establish your level of fault. Determining fault percentages accurately is essential to prevent you from being unfairly blamed for more than your actual share of fault.
Contact a Port St. Lucie Car Accident Lawyer To Protect Your Rights
Navigating car accident claims involving shared fault can be difficult. Dealing with insurance companies and assigning fault makes it challenging to determine responsibility, which affects your compensation.
If you've been in a car accident in Port St. Lucie, our team at Rosenthal, Levy, Simon & Sosa is here to help. Our car accident lawyers can assist you in safeguarding your rights, even if you share some responsibility. Reach out to us for a free case evaluation and learn more about your rights.
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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