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Under Florida law, even if you were partially at fault for a collision with a truck, you may still be able to collect substantial damages to remedy your losses and injuries. If you are found to be 50% or less at fault for your accident, your damages will be reduced in proportion to your level of fault. If you are 51% or more at fault, your recovery will be barred entirely. At Kogan & DiSalvo in South Florida, we represent drivers injured in accidents with trucks and other large commercial vehicles.
We recommend that you consult with a truck accident lawyer before you assume that your partial responsibility for the accident will prevent you from recovering compensation. The liability insurers that cover truckers and trucking companies want you to believe that partial fault is fatal to your claim. Our dedicated accident lawyers will examine the evidence in your case and fight back against those insurers to get you the compensation you need to rebuild your life.
How is fault established in a truck accident case?
Insurance companies and courts will examine the evidence to determine if one or both parties acted negligently. That evidence can include:
- Each party’s description of how the accident happened
- Eyewitness testimony
- Police reports and investigations at the accident site
- Public information about weather and traffic conditions
- The truck driver’s log and data from the truck’s electronic control module and data recorder
- Expert accident reconstruction analysis.
Where there is conflicting evidence, a jury or other factfinder will be charged with determining each party’s relative fault. In that case, your lawyer’s skills and experience will be critical to convincing a jury that the truck driver was primarily or entirely responsible for the collision.
How is fault in a truck accident connected to causation?
Fault will be a factor in determining liability only if the party’s negligence were the actual and proximate cause of the accident and resulting injuries. For example, a motorist might have been speeding before a truck collision. However, if that had nothing to do with the accident, a jury might be instructed not to consider speeding in determining relative fault.
Again, a truck accident lawyer will be critical in demonstrating how each party was or was not negligent and whether their actions caused the accident and any resulting losses and injuries.
How are damages allocated in Florida if a driver is partially at fault for a truck accident?
Suppose the evidence shows that the driver was partially responsible for the truck accident. In that case, a court will look at their losses to determine total damages. It will then reduce that amount by a percentage equal to their fault, up to 50%. For example, their medical costs, lost wages, and damages for pain and suffering add up to $250,000. Further, they are found to be 20% responsible for the accident.
Therefore, the total damages award will be reduced by 20%, with the injured party collecting $200,000. This example shows that even if someone is partially at fault for a truck accident, they may still be able to recover a substantial damages award.
If the claimant is found to be 51% or more at fault for their injuries, their recovery is barred completely and they will be unable to recover any compensation.
Call us today for a free case evaluation
At Kogan & DiSalvo, we represent drivers injured in truck accident lawsuits in Palm Beach, Martin, Broward, and all surrounding counties. Please call us for a complimentary consultation about your Florida truck accident case, including an analysis of your relative fault for causing it. Our veteran attorneys have a proven track record of outstanding settlements and verdicts. It is our goal to help clients get their lives back on track with minimal disruption or inconvenience. Contact us to schedule your case review.
