Comparative negligence is a principle that guides an insurance company’s evaluation of a personal injury claim. The state of Florida is a “Comparative Negligence” state. This means if someone is injured in Florida as a result of another’s negligence, compensation for injuries one is entitled to is reduced by his or her own share of responsibility.
Some cases are obvious, such as those involving a drunk driver or a rear-end crash caused by a distracted driver. But, like most things in life, the determination of who is at fault for an accident is not simply black and white. We often hear people say “I received the citation but I believe the other person is responsible for causing this accident.” In many situations, two vehicles in an accident may bear some portion of responsibility.
For example, suppose Person A is traveling with the right of way through an intersection, when person B, coming from the opposite direction starts to approach a left turn directly into person A’s path. Person A is unable to avoid Person B, and as a result, their vehicles crash. Person A suffered serious injuries. However, the investigation reveals that Person A was traveling 15 miles over the speed limit.
This is an example of a case involving “comparative negligence.” Person A’s compensation will be reduced by his own share of responsibility in causing this accident.
But who makes the determination of the share of responsibility?
In most cases, a jury will make this determination during a civil trial. The judge will instruct the jury on the laws that apply to a specific set of circumstances, and then after hearing all of the evidence, a jury will make the final allocation of responsibility. While the Florida Traffic Crash Report is a very important resource for evaluating the facts of an accident, there are instances where the analysis of law enforcement is limited.
This can be due to a variety of factors, such as critical witnesses not remaining at the scene after an accident, vehicles that were removed from the scene before being fully analyzed, and in many instances – one of the driver’s injuries were so serious, they are unable to share their account of the incident.
If you or a loved one has suffered serious injuries as a result of an accident, and another individual may be responsible, call Goldberg Noone immediately for a free consultation. Our team will investigate the facts and circumstances, and give you our honest assessment as to whether you have a valid claim.