Are You Able to Sue Someone If An Accident Was Your Fault
Have you or someone you know been involved in a construction site accident?
Unfortunately, most people involved in accidents are not familiar with the
steps that need to be taken next to protect themselves and their property.
Also, they are not familiar with the laws in their states that provide options
for compensation.
PIP Law
Florida is one of the 10 states in the US that follows
“no-fault” Personal Injury Protection (PIP). This is a mandatory addition to
vehicle insurance and means that insurance companies pay for the medical expenses
of their clients up to certain limits regardless of who was at fault in an
automobile accident. The amounts that can be recovered from PIP are somewhat
inadequate so there is always the option of suing someone if your expenses have
not been covered. This can only be done if the injury sustained falls under the
“serious injury” category as defined by Florida law and if there is substantial
proof that the injury was caused by the other party – in other words, you were
NOT at fault.
You're at Fault
What if you were at fault? Is there any way you can claim
personal injury and claim some part of medical expenses or property damage?
Florida law allows for settlement in cases where fault lies partially between
two parties. This is called “comparative fault”. If you can prove that the
other party was at least partially responsible for causing the accident or the
injuries and damages that occurred as a result of that accident, you can sue
the other party.
These cases can be quite complicated, because determining a
certain percentage of “fault” can be hard to prove in court. Let’s take a
simple example. Suppose the accident was caused because you switched lanes
without using an indicator. The fault lies with you. But during the course of
the investigation it is discovered that the other driver was over the speed
limit at that time. This puts you in the position of suing the other person for
damages. The jury can then determine how much percentage of fault lies with the
other driver.
Compensation
The compensation part is much less complicated. Florida
follows a “pure comparative fault” rule. Once the jury has determined the
percentage of faults for both parties, compensation is awarded exactly
according to the percentage. For example, if the jury found that the over
speeding by the other driver was at least 25 percent responsible for the
accident, then you will be paid 25 percent of the expenses that you initially
claimed for.
The Florida comparative fault rules are different from other
states in that you can recover a certain percentage of your claim regardless of
whether you are “more at fault” than the other party, as is the case in the
example above. In some states, the “at fault” party can only claim damages from
the other party if the other party is found to be 50 percent or more responsible
for the accident.
