How to Deal with a Wreck that is Both Drivers Fault


Collisions involving cars, truck, motorcycles and SUVs can happen in the blink of an eye. In fact, there are numerous types of motor vehicle accidents that can happen at any time throughout Citrus County, from drivers falling asleep at the wheel to drivers becoming distracted and drifting off the road. While many different factors can lead to a crash, most result in significant property damage, serious personal injuries or even wrongful death.

Due to the fact that motor vehicle accidents are an everyday occurrence, many Citrus County motorists have questions about how the law deals with two drivers who are both partially at fault for an accident. The main question being: Can you still recover a portion of your damages even if you may have contributed to the collision? Fortunately, Florida recognizes “comparative negligence,” so when more than one party is responsible both parties can actually still recover for their losses.

While it may sound complex, comparative negligence is pretty straightforward. In this situation, a judge or jury will assign a percentage of fault to each party involved in the incident and the actual amount recovered will be reduced by that percentage. So, let’s say a jury finds that one driver was 10% at fault for the accident and the other driver was 90% at fault. If the first driver is determined to have suffered $100,000 worth of damages because of the accident, that number will be reduced by the percentage they were found to be at fault, which in this case is 10%. The first driver would actually receive $90,000 because $10,000 would be subtracted for their contribution to the incident.

440262_arguing.jpgIn comparative negligence cases, there tends to be a lot of blame passed back and forth between sides for who contributed the most to the accident. This is why it is so important to have a Citrus County Auto Accident Lawyer at Whittel & Melton on your side. We work with a team of experts who can recreate your accident and collect all necessary evidence to help you recover the largest award possible. If you or someone you love was involved in a motor vehicle accident, contact us today online or call 352-726-0078 for a free assessment of your case.

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