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Am I to blame for a car accident?

Getting into a car accident is stressful and often painful. If you are injured or your car is damaged, you may be wondering how to pay for these expenses.

It's possible you may have been partially to blame, even if the other driver was more at fault, or the other driver may claim you partly caused the accident. How does Florida handle these incidents?

Comparative negligence

Car accident liability is determined by comparative negligence in Florida. That means whoever is at fault, to whatever degree they played a role, is liable for the portion that they contributed to the accident.

For instance, if a judge were to determine that Driver One was 80 percent to blame and Driver Two is 20 percent to blame, then Driver One is 80 percent liable for any losses Driver Two experiences and Driver Two is 20 percent liable for any losses Driver One experiences.

The degree of fault does not play a role in determining whether someone can recover damages in an accident. Even if someone is 95 percent at fault, they can recover five percent of damages from the other driver who was liable for their portion of the accident.

Establishing fault

A court will make a judgment against each party to determine the percentage of fault they both had in the accident. Because the court makes this decision and uses proof from the accident to decide, having proof of the role you did or didn't play in an accident can make a difference when it comes to finalizing liability.

Therefore, it can be handy to have photos from the accident or take down contact information from witnesses who can testify about what happened. A personal injury attorney can work with you to make sure you have the evidence you need to establish your proper liability or lack thereof.