Determining who is at fault in a Florida car accident is not always as straightforward as it may seem. While some accidents involve a clear error on the part of one driver, other accidents present a much more difficult situation. For example, chain-reaction accidents can involve multiple parties, each of whom may be partly at fault for the collision. Determining who is at fault in these accidents and dividing up the fault according to each driver’s actions is a difficult task that is most often left to the courts.
Florida uses the comparative negligence rule when determining which accident victims are permitted to recover compensation for their injuries and how much they should recover. Under the comparative negligence doctrine, each party who is injured in an accident is entitled to file a personal injury lawsuit against the party or parties they believe to be responsible for their injuries. If the jury determines that a plaintiff is partially at fault for their own injuries, that plaintiff’s total award amount will be reduced by their own percentage of fault.
Florida’s comparative negligence method is considered to be much more plaintiff-friendly than the alternative doctrine applied in other states, called contributory negligence. Under a contributory negligence analysis, any person who is determined to be even the slightest bit at fault for an accident cannot recover for their injuries.
Florida Chain-Reaction Accident Claims Two Lives
Late last month, two college students were killed when they were rear-ended while driving on the Florida Turnpike. According to a local news source covering the tragic accident, the two students were in the back seat at the time of the accident. Evidently, the students were traveling north on the Turnpike when they encountered traffic, requiring their vehicle to come to a stop. A few moments later, their vehicle was rear-ended by a pick-up truck that had failed to stop in time.
Both back-seat passengers were killed in the collision. The driver and the front-seat passenger both sustained injuries and were taken to nearby hospitals, and they are expected to recover. The chain-reaction accident involved a total of seven vehicles and injured a total of 17 people. Police are still conducting an investigation, and no charges had been filed against any of the drivers at the time of the article’s publication.
Have You Been Injured in a South Florida Car Accident?
If you or a loved one has recently been injured in any kind of South Florida car accident, you may be entitled to monetary compensation. The skilled personal injury attorneys at the law firm of Cecere Santana have extensive experience representing injured accident victims and know what it takes to be successful in Florida courts. Through diligent preparation and skilled negotiation, our attorneys work hard to pursue a fair settlement for your injuries. If we are not able to reach an acceptable pre-trial settlement, our zealous trial attorneys can take your case to trial to seek the full and fair compensation you deserve. Call 800-753-5529 to schedule a free consultation with an experienced attorney today.
More Blog Posts:
$9.3 million Verdict Awarded to Victim in Motorcycle Accident, Cecere Santana Injury Lawyers Blog, published March 9, 2017.
Failure to Follow Procedural Rules May Result in Delay or Dismissal of Florida Personal Injury Cases, Cecere Santana Injury Lawyers Blog, published March 2, 2017.