You always do your best to be conscious of others on the road, and you’re careful to avoid accidents. However, you’re not a perfect driver. You occasionally get distracted and sometimes drive over the speed limit.
Just the same, you never would have been in an accident in the first place if the other driver involved in your crash hadn’t run the light. Now, however, their insurance company is trying to lay the blame for your injuries on your shoulders. They say that your mistakes contributed to the severity of your wounds.
In some states, any mistake on your part that the insurance company could blame for your injuries would be a very big deal. In Florida, however, the law is a bit friendlier to injury victims.
Florida follows the rule of pure comparative fault whenever there’s a question of liability for an accident. That means that all the parties involved are responsible for their “share” of the accident — but an injury victim is entitled to pursue a claim for damages even if they’re 99% at fault for the wreck. Any compensation they might be due will merely be reduced according to their degree of liability.
What does this mean for you? If your injuries were 20% more severe because your seat belt wasn’t on, you would still be entitled to 80% recovery for your losses. In other words, if your injuries are worth $100,000, you’d receive $80,000.
Don’t let an insurance company intimidate you out of a claim after a car crash. Talk to an experienced attorney to make sure that you understand your rights.
