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What is Comparative Fault?

February 8, 2013 | Category: Automobile Accidents | Share

Under Florida's Comparative Negligence Laws, victims of  pedestrian accidents, auto accidents, truck accidents, motorcycle accidents, slip and fall accidents or other accidents have the right to pursue claims for their damages even if they are partially at fault for the accident.

 

  • If a motorist is in an accident but was driving a vehicle with defective equipment such as tires, taillights, or blinkers, they could be partially at fault, but they are still entitled to collect damages from the driver who caused the accident.

 Scales - Comparative Fault

  • If a motorist is not wearing a seatbelt or not following all of the basic motor vehicle laws and another vehicle runs a red light and crashes into the motorist, the motorist could be considered partially at fault, but they are still entitled to collect damages from the driver who caused the accident.

 

  • If a pedestrian crosses the street without looking both ways or against the traffic signal and enters the path of an on-coming vehicle, that pedestrian could be considered partially at fault. But if the car was in any way at fault for speeding, not paying attention to areas where pedestrians are common, or fails to take action to slow or avoid hitting the pedestrian, then Florida law allows the pedestrian to recover damages for any and all fault caused by the vehicle.

 

Even if you are partially at fault you can still obtain compensation for your injuries and property damage. 

 

"Following an accident, regardless of who is at fault, it is extremely important to contact us." says Florida Accident Attorney, Randall Spivey, Spivey Law Firm, Personal Injury Attorneys, P.A.  "The subject of comparative fault is complicated.  Proving fault requires analyzing the evidence.  Evidence must be well-presented. Victims need to choose their attorneys carefully and be sure to choose an experienced Board Certified Civil Trial Attorney with proven experience in matters of this type. Remember, even with of comparative fault, victims have the right to pursue claims for damages. "

 

 

Florida Accident Attorney,  Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by less than 2 percent of Florida attorneys. He has handled over 1,500 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

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