Truck Accidents in Florida: Your Guide to Partial Fault
Were you badly injured in a truck accident in Florida? You have the right to bring a fault-based claim against the negligent trucker and/or trucking company. That is true even if you are partially at fault for your own accident. Florida is a modified comparative negligence state. That standard has big implications for your legal claim. Within this blog post, our West Palm Beach semi-truck accident lawyers provide a guide to partial fault claims in Florida.
Florida is a No-Fault State, With Fault-Based Claims for Serious Injuries
Florida follows a no-fault insurance system for motor vehicle accidents, but that system applies only at the lowest level. After a crash, an injured victim must first turn to personal injury protection coverage for medical expenses and limited wage loss. That no-fault framework ends when injuries meet the statutory serious injury threshold. At that point, Florida law allows a fault-based claim against the at-fault driver or company.
Know the Standard of Liability: Modified Comparative Negligence
Florida uses a modified comparative negligence system to apportion liability in motor vehicle accident claims, including commercial truck accident claims. Under this rule, an injured victim may recover damages only if their share of fault does not exceed 50 percent. If a jury finds the injured victim 51 percent or more at fault, recovery is barred entirely. If fault is 50 percent or less, the injured victim’s damages are reduced proportionally.
For example, imagine that you suffered a serious injury in a truck crash in West Palm Beach. Your total damages are $100,000. However, you were partially at fault due to speeding. Your fault is determined to be 25 percent. Under Florida state law, you would be liable for 25 percent of your own damages. In other words, your compensation would be reduced from $100,000 down to $75,000, a 25 percent drop.
Partial Fault Does Not Eliminate a Claim Against a Trucking Company
The key point to remember is that being partially at fault does not prevent an injured victim from pursuing claims against a truck driver or motor carrier. Truck accident cases often involve multiple overlapping duties. A driver may have violated hours-of-service rules, driven while fatigued, or failed to maintain proper control. A carrier may have engaged in negligent hiring, training, supervision, or maintenance. Even if the injured victim made a driving error, liability can still rest primarily with the trucking defendants.
Set Up a Free Case Review With a Top-Tier West Palm Beach Truck Accident Lawyer
At Pike & Lustig, LLP, our West Palm Beach tractor trailer accident attorney is standing by, ready to protect your rights and your interests. If you have any questions about partial fault for a crash, we are here to help. Call us now for a free case review. From our West Palm Beach law office, we fight for justice for injured victims throughout South Florida, including in Miami, Miami Beach, Fort Lauderdale, Coral Gables, Palm Beach Gardens, and Jupiter.
