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March 01, 2018

What is Comparative Negligence?

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Posted in At Fault Accident, Car Accident Claim, Rear End Collision

Long ago, Florida courts began following the doctrine of comparative negligence. In brief, this simply means that a Plaintiff can still recover for injuries even if he or she is partially negligent for an accident.  This concept is frequently applied to automobile accident claims. Sometime it is clear that one driver is 100% at fault for an accident, such as where one driver rear-ends another or runs a red light.  However, often times both drivers are at fault. For example, if one driver pulls out from a stop sign into traffic but the oncoming vehicle was speeding, a jury could very well determine that the speeding vehicle is partially at fault.  This would not preclude the speeding vehicle from making a claim, but a jury could very well assign a portion of the responsibility for the accident to him for failing to travel within the speed limit.  An experienced personal injury attorney can advise you whether you could be found partially at fault for an accident. The attorney should have a good understanding of Florida’s traffic laws and so that he can help you understand what a jury will likely decide regarding your claim.

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