In any Florida traffic accident, someone is liable. The simple rule is, whoever was careless was the liable party. In some cases one party violated a traffic law in which case determining negligence fairly straightforward. Others instances aren’t so clear-cut.
Some states, including Florida, use what is called comparative fault to measure damages. This means that negligence in a Florida traffic accident can be shared among involved parties. For instance, let’s say Tricia was involved in an accident with Allison. It was determined that Tricia was 80% responsible and Allison was 20% responsible for the accident. Total damages to Allison’s car were $10,000. Allison would be able to recover $8,000, or 20% less than the total amount. She would be liable for the remaining $2,000 in damages.
The insurance claims adjuster will initially determine comparative liability in a car accident. This can be based on the accident report, an assessment of the vehicles involved, and other factors.
This is where hiring an attorney can be very useful and a financially astute move. An attorney is experienced in negotiating with insurance adjusters and can help compile evidence to prove the other party’s liability in your case.