Written By: Lenorae C. Atter
Attorney at Law
Florida recognizes comparative fault in damages for negligence arising from incidents including but not limited to automobile accidents, slip and fall incidents, and premise liability and negligent security matters. Florida Statute 768.81 provides that a person cannot be barred or stopped from seeking damages for injuries if that person is somewhat at fault for the negligence. What does this mean?
If you are involved in a car accident because you were texting while driving, but the other party ran a yellow or red light, then you could be found partly at fault for the accident. Not paying attention is negligence, however, the other person’s failure to obey a traffic signal is also amounts to negligence. In Florida, you can still recover damages if a judge or jury determines that you were partially at fault for the automobile accident. A judge or jury can assign a certain percentage of fault to each driver. If the liability is clear (i.e. you were going the speed limit, paying attention to the roadway and someone hits you while you’re stopped at a red light), then fault is most likely 100% to the other driver.
Florida recognizes that injuries can occur because of more than one reason, however, the party at most fault for the injuries should be responsible for his/her portion of the injuries. Florida has a better set of laws in place as compared to other States. For instance in North Carolina, a person may be barred from recovery any money for injuries if it is determined that the injured person is even 1 % at fault for the automobile accident.
If you have questions regarding your accident, it is advisable to consult with a qualified Florida personal injury attorney about your options and rights.