Many people assume that fault in a car accident is either completely theirs or completely someone else’s. In reality, a collision often involves complicated circumstances. Even when another driver appears primarily responsible, insurance companies may argue that an injured person contributed to the crash in an effort to reduce the value of a claim.
Understanding comparative negligence in Port Orange car accident claims can help you better navigate the legal process after a collision. Because fault is significant in determining compensation, it is important to understand how state law applies and what you can do to protect your rights. An experienced motor vehicle collision attorney from our firm can evaluate the facts of your case and help ensure fair assessment of liability.
State law follows a modified comparative negligence system under Florida Statutes § 768.81. According to this law, an injured person in Port Orange may recover compensation through a comparative negligence claim if they are 50 percent or less responsible for an auto accident. However, a finding of partial fault can reduce the damages available.
Determining fault is not always simple. At Rue & Ziffra, our lawyers may review police reports, witness statements, photographs, medical records, and other evidence to establish how the collision occurred and challenge unfair allegations of fault.
Many crashes involve conflicting accounts of what happened. In these situations, insurance companies and our attorneys often examine whether the actions of more than one driver contributed to the accident.
Examples of conduct that may result in shared fault include:
• Speeding before a collision
• Driving distractedly, including texting while driving
• Failing to signal before changing lanes or turning
• Following another vehicle too closely
• Failing to yield the right-of-way
• Driving too fast for the weather or road conditions
Even if you may have made a mistake, that does not necessarily prevent you from recovering compensation. Comparative negligence claims recognize that car collisions in Port Orange can have multiple contributing factors. The key question is how much responsibility each party bears for causing the crash.
The allocation of fault does not just determine responsibility for a crash. It can also affect the amount of compensation available. As fault increases, recoverable damages decrease proportionally.
Depending on the circumstances of the accident, compensation may include:
• Medical expenses and future treatment costs
• Lost wages and diminished earning capacity
• Property damage losses
• Pain and suffering
• Emotional distress and loss of enjoyment of life
Insurance companies frequently use comparative negligence arguments during settlement negotiations. They may contend that you were partially responsible for the crash in an effort to reduce the value of the claim. Our skilled auto accident attorneys in Port Orange can gather evidence, consult with experts when necessary, and present a clear case showing fair allocation of fault.
At Rue & Ziffra, we understand how important it is to establish liability accurately after a serious collision. Our legal team can investigate your claim thoroughly, communicate directly with insurers, and work to protect your interests throughout the claims process.
If questions about fault are affecting your case, our attorneys can help you understand your options and pursue the compensation you deserve. At Rue & Ziffra, we have spent more than 50 years helping injured people protect their rights and move forward after serious accidents. Our team is in your community and on your side.
Contact us today to discuss comparative negligence in Port Orange car accident claims and learn how we can help.
Rue & Ziffra – Your Trusted Personal Injury Lawyers
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