Car accidents can be confusing, especially when more than one driver is at fault. In Miami, Florida uses a rule called comparative fault is used to figure out who is responsible and how much they should pay. If you’ve been in a crash, it’s important to understand how this rule works and how it could affect your case.
What Is Comparative Fault?
Comparative fault means more than one person can be partly responsible for a car accident. Instead of blaming just one driver, the law looks at what each person did and gives them a percentage of fault. For example, if Driver A was texting and Driver B ran a red light, both could share the blame.
How It Affects Your Compensation
In Miami, the money you can get after a car accident depends on your share of fault. Florida follows a modified comparative fault rule, which means:
- If you are more than 50% at fault, you can’t get any money.
- If you are 50% or less at fault, you can still get money, but it will be reduced.
For example, if you are 20% at fault and your damages are $10,000, you would get $8,000. Your payment goes down because of your share of the blame.
Why Fault Matters
The other driver’s insurance company may try to say you were partly at fault so they can pay less. That’s why it’s important to collect proof like photos, witness names, and the police report. These things help show what really happened and protect your rights.
When to Talk to a Lawyer
If you were hurt in a Miami car accident and might be partly to blame, it’s smart to talk to a personal injury lawyer. They can look at your case, talk to the insurance companies, and help you get the money you deserve.
Knowing how comparative fault works is important after a car accident in Miami. Even if you were partly at fault, you may still be able to get money for your injuries and damages. Understanding the rules can help you protect yourself and make good choices after a crash.
This post was written by a professional at Link UP Solutions. Link UP Solutions is a Miami-based consulting company dedicated to connecting individuals with the right professionals for their legal and aftercare needs across Florida. Whether you’ve been in a car accident, suffered a slip and fall, need help with workers’ compensation, have immigration concerns, or are dealing with property damage, our team is here to guide you. Each member brings a wealth of expertise in handling personal injury cases, ensuring you receive the highest quality of care and attention. We help you find trusted car accident attorney Miami FL while also connecting you with medical professionals who provide thorough and compassionate care to support your recovery.