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Can I seek damages if I was partially at fault in an accident?

On Behalf of | Sep 24, 2020 | Personal Injury |

When there are two parties involved in a personal injury incident, that means there are two sides to the story. And if there are witnesses willing to speak about what they saw, then that means there are even more versions of the events that unfolded and caused injuries. While telling your record of what happened to a police officer or your insurance company, you are careful not to say the accident was your fault. But the situation might look different from the other side or from the outside looking in.

Percentage of fault

For example, maybe you were taking a walk and decided to cross the street. Although, you weren’t far from a crosswalk, you don’t utilize it. Suddenly, a bicyclist crashes into you and you immediately fall to the ground. As you lay there in pain, you begin to wonder why the bike rider didn’t notice you or honor the stop sign. You believe the accident is fully their fault. But, if you didn’t use the crosswalk, then you might be partially to blame as state law requires pedestrians to utilize crosswalks when they are available.

Possibility of compensation

However, just because you are somewhat at fault too, that doesn’t mean you won’t be eligible to receive compensation to take care of things like medical bills or missed days of work. Thanks to Florida’s comparative fault system, a portion of damages might still be yours for the taking. A judge will determine what percent of the accident was due to careless actions of each party.  For example, they might determine that you were 30% at fault, while the biker was 70% at fault. From there, they may grant you the compensation you were hoping to receive at a 30% reduction.

It might be difficult to process that you played even a minor role in an accident, if you are facing more serious injuries than the other party. But working with an experienced personal injury attorney can help you seek the justice you deserve to move on from the accident, both physically and mentally.





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