Car accidents are not always a case of one party doing something wrong and causing a crash—vehicle wrecks often occur because of a combination of factors. When you contributed to a car accident that caused you serious injuries, comparative negligence comes into play.
Comparative negligence in Orlando car accident claims can impact the damages you can collect. The skilled car accident attorneys at Colling Gilbert Wright—The Florida Firm—can protect your rights to fair compensation. We are the law firm other lawyers turn to when they have a complex accident case.
Damages in a Car Accident Case
When you suffer severe injuries in an accident involving a motor vehicle, you may be entitled to compensation called damages. You must prove another party’s negligence was a direct cause of your injuries. In a vehicle accident case, negligence means failing to use a reasonable degree of caution to prevent harm to others.
When you have proof of another party’s negligence, they are responsible for your economic and non-economic damages. Your economic damages are your actual expenses to treat and manage your injury, lost wages, and lost earnings opportunities. The negligent party also owes you non-economic damages, sometimes called pain and suffering damages, which compensate for the injury’s negative effect on your quality of life.
The Orlando attorneys at The Florida Firm have the experience and resources to find evidence of negligence in your car accident case. They will use this evidence to demonstrate the strength of your case during settlement negotiations or a trial. However, when the other side has evidence that your negligence also contributed to the wreck, your damages could be affected.
What Is Comparative Negligence?
Comparative negligence is the idea that the parties involved in an accident should each take responsibility for the harm they caused. If there is proof you were partially responsible for a car accident, you cannot collect 100 percent of your damages. You must absorb a portion of your losses that reflects your contribution to the situation.
Florida Statutes § 768.81 spells out the concept. When an injured person shares some of the blame for an accident, the damages they collect are reduced proportionally.
The law prevents you from collecting any damages if you are primarily at-fault, meaning you hold 51 percent or more of the responsibility. The other negligent parties must present clear evidence that the accident was mostly your fault. Our Orlando car accident attorneys can preserve your right to compensation with evidence showing that another party or multiple parties share the bulk of the blame for the wreck.
Managing the Fault Allocation
Determining fault may be the most important aspect of your car accident claim. Your conduct from the time of the crash is critical to the outcome of your legal case.
Immediately After the Wreck
Do not apologize for the accident or admit to anything when you speak with the police at the scene. You should not lie, but you can say you are unsure or do not remember the sequence of events that led to the crash. Do not speak with other involved parties or their insurance representatives before talking to a lawyer.
During Settlement Negotiations
The first step in bringing a legal claim after a car accident is contacting the at-fault party’s insurer and initiating settlement negotiations. Your degree of fault is likely to be one of the topics of discussion.
The other side will bring up any admissions you may have made at the scene, in statements to the insurance company, and any other evidence they have found, including social media posts. It will use any available evidence to show you have responsibility for the wreck to limit its payout.
Allocations At Trial
Sometimes insurance companies refuse to make reasonable offers during negotiations. The experienced trial attorneys at Colling Gilbert Wright do not hesitate to take an Orlando car accident case to trial when they have clear evidence of another party’s negligence. After hearing all the evidence, a judge or jury will allocate fault and award damages.
Consult an Orlando Car Accident Attorney to Manage Comparative Negligence Issues
If you were badly injured in a car accident and share responsibility for the wreck, the insurance company may try to limit or eliminate your payout based on your fault. Working with an experienced attorney is critical.
Contact Colling Gilbert Wright for a free consultation if you are concerned about comparative negligence in Orlando car accident claims. We have a track record of achieving impressive settlements and verdicts for our clients, and we will give you a candid assessment of your case.