While it is true that some Miami car accidents leave no doubt in terms of who caused the incident, there are many others that are not so clear-cut. Most auto collisions involve multiple contributing factors about which motorist’s conduct was a primary or secondary cause, and Florida’s law on comparative fault addresses this type of situation. The statute states that your potential compensation in a motor vehicle crash claim may be reduced if your own actions are linked to the accident. Your monetary damages are decreased proportionally by the percentage of your fault.
In other words, you not only need to prove that the other driver was at fault – but you also need to present evidence that you were NOT, or that your contribution to the accident was minimal. A Miami car accidents attorney can explain the details, since contributory fault involves many of the same negligent acts you might allege against the other motorist. For instance, you could receive less in compensation if you were:
- Speeding: When you are speeding, you have less time to react to traffic-related threats that can cause an accident. As such, even though the other driver may have been at fault by engaging in other careless actions, you could also contribute to the incident because you were traveling faster than what officials have set as the safe speed limit for that particular area.