Minimizing Comparative Fault In Commercial Vehicle Accidents

Accident cases involving commercial vehicles are often more difficult to resolve than the average car accident, simply because many more defendants may be involved. One factor that many forget in dealing with these cases is the question of comparative fault – that is, the degree of fault that the injured plaintiff may bear for their own injuries. Sometimes this does not figure into an accident case – particularly in a case involving a commercial vehicle, it may be that no evidence suggests any culpability for the plaintiff. Sometimes, however, comparative fault must be assessed.

A Change In State Law

Comparative fault, also called comparative negligence, is the principle in tort law that a plaintiff cannot recover damages for the percentage of their injuries that can be tied to their own negligence. For example, if a plaintiff is found 20 percent at fault for their injuries, they may only recover 80 percent of their damages in court. The rationale is that a plaintiff should not be able to recover money damages for something they caused themselves.

Formerly, Florida was a pure comparative negligence state, meaning that even if a plaintiff was ruled to be 99 percent at fault, they could still try and recover the 1 percent that could not be laid at their door. However, in 2023, the legislature passed an amendment to the relevant law which changed the system to one of modified comparative negligence. Now, if a plaintiff is found to be more than 50 percent at fault for their injuries, they cannot legally recover any damages.

Establish Your Innocence

Because Florida’s legislature has drawn the proverbial line in the sand, accident insurers have become more aggressive in trying to establish fault on the part of the injured plaintiff than they have been in the past. Any whisper of distraction or improper driving on the part of an injured plaintiff may be grounds for the insurer to contest a claim – and even if unsuccessful in dismissing the case, every point an insurer wins takes damages out of the plaintiff’s pocket.

The best way to combat this type of accusation is to enlist a knowledgeable attorney and gather all possible evidence. Witness statements, police reports, medical records, accident reconstructions, and in some cases, expert witnesses can provide enough evidence to establish that a plaintiff was not driving negligently – or that a commercial vehicle driver was. Evidence obtained from the commercial enterprise, such as a truck’s “black box,” can help deflect accusations of comparative negligence.

Contact A Tampa Commercial Vehicle Accident Attorney

Accidents involving commercial vehicles in Florida are often severe, causing serious injury. Comparative fault rules ostensibly prevent a miscarriage of justice, but if a person is pressed to admit fault, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group may be able to help them stand up for their rights. Contact our office today to schedule a consultation.

Source:

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