How Do I Prove Negligence In A Car Accident Case?
In Florida, defendants commit negligence when they fail to exercise a reasonable measure of care that’s expected of them in order to reduce the risk of them causing harm to another. In other words, defendants should avoid texting and driving, speeding, turning against the light, running a yellow or red light, drunk driving, etc.
Is Florida A Comparative Negligence State?
Yes, Florida is a comparative negligence state. But what does this mean? It means that a court may reduce your total recovery amount by your percentage of fault. The court literally compares your negligence with that of the at-fault driver. For example, suppose that a personal injury judge awards you $50,000 in compensatory damages but states that you’re 50% at fault. In such a case, the defendant will only have to pay you $25,000, and you’re responsible for the other $25,000.
Now, you may wonder what a judge considers when deciding your percentage of fault. Let’s suppose you were driving while distracted so that you could’ve, but didn’t, avoid the speeding drunk driver who hit you. A judge may say that had you kept your eyes on the road, your injuries wouldn’t be as severe. Here’s another example. The light for oncoming traffic has turned red, giving you the right away to turn and merge. There are three lanes of traffic for the street that you’re turning into. Rather than stay in your respective lane, you make a wide turn and merge into the farthest lane. At this same time, it just so happens that a speeding driver runs the red lights and rear-ends you. But had you stayed in your lane, this accident could’ve been avoided. Of course, the exact percent a judge will hold against you can never be assumed.
That said, you should never tell an officer, who arrives at the scene of the accident, that you believe you’re partially negligent or behaved negligently. You may exaggerate your actions or give the officer information that there’s no evidence to prove, and any testimony that’s against your self-interest is admissible in court to be used against you. Rather, let your lawyer investigate the accident scene and speak on your behalf.
Why Should I Choose Jeff Murphy Law To Represent Me?
You should choose Jeff Murphy Law to represent you because Jeff Murphy has 30 years of experience you can trust. In fact, he’s even one of the reputable few to receive an AV rating from Martindale-Hubbell, which is the highest-ranking to bestow upon a lawyer for his legal ability and ethics. In other words, you know you’re getting one of the very best and most qualified personal injury experts when you hire Jeff. What’s more, he has a proven track record of success, ensuring that his clients are adequately compensated whether they want to go to trial or settle.
For more information on how a car accident lawyer in Tampa, FL can help you become whole again, all new clients should call us at (813) – 553 – 5517 and existing clients should call us at (813) – 443 – 5553.