Commercial Vehicle Accidents & Comparative Fault

Accidents involving commercial motor vehicles (CMVs) are usually more complex to navigate than those involving two private individuals. When determining fault, however, certain issues are present in both, including the question of comparative fault. Comparative fault is a concept that is used to adjust one’s fault percentage when determining liability in a civil case, and it appears constantly in commercial vehicle accident cases.

Allows Multiple Defendants

In Florida, the concept of comparative fault being used in CMV cases means that multiple defendants may be sued over the same events. The rationale is that in theory, more than one party may have played a role in causing what are often extremely serious accidents – for example, a commercial driver may have been the party directly responsible for a crash, but their employer might bear some responsibility for employing the driver; or the manufacturer may bear responsibility if the vehicle is defective.

It is important to note, however, that Florida does not honor the theory of joint and several liability. In other words, each defendant may only be held liable for their own percentage of fault. If a defendant is found to have been 30 percent liable for the plaintiff’s injuries, they are only required to pay that amount, even if other defendants cannot pay theirs. In some cases, the plaintiff’s own degree of fault may play a role as well.

May Destroy Your Case

While the comparative fault statute allows a plaintiff to file suit against multiple defendants, it also explicitly holds that a plaintiff who is “too” liable may not recover damages. Historically, Florida allowed a plaintiff to recover damages even if they were 99 percent at fault – that 1 percent was recoverable. Some years past, the statute was changed to a more pure comparative fault regime. If a plaintiff is found to be more than 50 percent liable for their own injuries, they are barred from recovering damages.

The rationale for this is fairly straightforward: if a plaintiff is mostly at fault for their own injuries, it is inequitable to make a defendant pay for them. However, if a plaintiff is found less than 50 percent liable, they may still be able to recover the remainder of their damages. A plaintiff with a fault rating of 20 percent can still recover 80 percent of their expenses and damages.

Contact A Tampa Commercial Vehicle Accident Attorney

Comparative fault is an old concept, but it is still unfamiliar to the majority of people, and can come as an unpleasant shock if one is ever in an accident. A Tampa truck accident attorney from the Rinaldo Law Group can help you understand your options after a crash. Call our office today at (813) 831-9999 to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html