Comparative Negligence in Car Accidents

In some cases it is clear who is at fault for an car accident. For example, in Florida there is a rebuttable presumption of negligence in a rear-end automobile accident. However, more often than not, automobile accidents are caused by multiple factors. In these cases it is not clear who is at fault and who’s insurance will have to pay for your damages.

Florida is a comparative negligence state. This means that each driver in an accident has to pay for damages in proportion to the percentage of fault by which that driver contributed to the accident. At the end of the day a jury will decide who was at fault for the accident, and assign responsibility for the damages accordingly.

Insurance companies will try to send low ball offers or offer no money at all to drivers who are partly at fault for an accident and have suffered a personal injury. A skilled litigator can argue your case to a jury, and fight for the compensation that you deserve.