Taking simple steps such as wearing your seatbelt, especially in the front seat of the car, can significantly decrease your risk of fatal injury in the event of a car crash. On the other hand, driving or riding in a car without a seatbelt can cause an increased risk of dying in the event of a crash by as much as 45%. Each year, thousands of Florida drivers and passengers experience severe to fatal injuries in car accidents due to their failure to wear seatbelts. While it can be tempting to unfasten your seatbelt while the car is in motion, remember that doing so could have a major impact on not only your health in the event of a crash but also your ability to recover financial damages in the event of a car accident.
Florida drivers and passengers should be aware that the state makes use of pure comparative negligence when it comes to determining a victim’s recovery in the event of a car accident. Pure comparative negligence can have a significant impact on damages collected after an accident and it can take a skillful attorney can navigate the legal theory successfully. A recent local news article discussed a fatal Florida car accident that occurred in September 2022.
According to the news article, the accident occurred when a 2019 Ford Flex driven by a 78-year-old Florida man crossed the median line on Highway 42 going northbound. After crossing the median line, the Ford Flex struck the rear tires of a semi-truck trailer that was headed southbound. After striking the semi-truck trailer, the Ford Flex then crashed into a Ford Explorer that had pulled into the shoulder to try and avoid the crash. The 78-year-old Florida man driving the Ford Flex was pronounced dead at the scene. Two other people involved in the crash were transported to hospitals.
Comparative negligence is the legal concept that parties in an accident are assigned the percentage of fault that they were responsible for in the accident. Under the pure comparative negligence theory, an accident victim can recover money from an equally or less negligent party. Under Florida law, accident victims can recover compensation from the other party, even if the victim is partially at fault, including fault that exceeds 51%. In practice, this means that even if the victim is found to be mostly at fault for an accident during a trial, they can still seek compensation for personal damages from the other party. If the claim is successful, the total damages awarded will be reduced by the victim’s percentage of fault.
Have You Suffered Injuries in a Florida Car Accident?
If you or someone you love has been injured or died in a Florida car accident, let the attorneys at Friedman Rodman Frank & Estrada fight to help you recover the damages you deserve. Expenses and injuries sustained in a motor vehicle accident can quickly become overwhelming, and having an experienced roster of accident attorneys by your side can make a world of difference in the compensation you receive. Our experienced attorneys have successfully represented injury victims at every stage of their claims, ensuring that they obtain the damages that they deserve. With our team, you can have faith that your claim is being pursued properly. If you have questions about your case, call us today at 877-448-8585 and schedule a free and no-obligation initial consultation with a Florida injury lawyer at our office.