Partial Fault in Car Accidents: Am I Still Eligible for Damage Claims?
Jason B. Goldman • October 17, 2023
When it comes to car accidents, determining liability is rarely a black and white matter. Many accidents involve shared responsibility, where both parties bear some degree of fault. But does that mean you can't claim damages if you were partially at fault? In this blog post, we'll explore how Florida's comparative negligence law works and explain how you may still be eligible to recover damages with the help of a skilled Florida car accident attorney from GTS Law Firm.
Understanding Comparative Negligence in Florida
In Florida, the concept of comparative negligence is crucial in car accident cases involving shared fault. Comparative negligence allows you to pursue damages even if you were partially at fault for the accident. Under this law, the court determines the percentage of fault assigned to each party and reduces the damages accordingly.
The Benefits of No-Fault Insurance
Florida is a no-fault state, which means that regardless of who caused the accident, you can file a claim with your own insurance provider to cover your losses. The personal injury protection (PIP) plan in Florida provides compensatory benefits for medical expenses, lost wages, and death benefits.
How Comparative Negligence Impacts Damages
To better understand how comparative negligence affects your ability to recover damages, consider some common scenarios:
- Abrupt Braking Out of Road Rage: If one driver abruptly slams on the brakes out of road rage and you rear-end them, the court may find you partially at fault for not maintaining a safe distance. In this case, your damages may be reduced based on the assigned percentage of fault.
- Collisions While Backing Out: Both drivers backing out of parking spaces without due care can lead to a shared-fault scenario. The court will consider the specifics of the accident and assign percentages of fault accordingly.
- Failure to Yield Properly: If you failed to yield properly and another driver was speeding, resulting in a collision, both parties may share fault. Your damages may be reduced based on the level of fault assigned to you.
Don't Navigate the Legal Process Alone
Proving shared fault in a car accident case can be challenging without professional legal representation. When you're partially at fault, it's crucial to have a knowledgeable Florida car accident attorney from GTS Law Firm by your side. Car accidents can be life-altering events, regardless of who is at fault. Don't carry the burden of pursuing compensation on your own. Call (941) 625- 6666 for your FREE consultation today.
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Halloween is one of Charlotte County’s most festive traditions—costumes, candy, and community celebrations light up neighborhoods across Port Charlotte, Punta Gorda and beyond. But amid the fun, the risk of preventable accidents rises significantly. At GTS Law Firm, we believe being prepared protects not only your good times but also your rights if something goes wrong. Why Halloween Poses Extra Risks Increased pedestrian traffic – Children and families fill sidewalks and driveways, often emerging suddenly from between parked cars. Reduced visibility – Costumes, dusk lighting and unfamiliar routes can make it hard for drivers and trick-or-treaters alike to see each other. Distractions & altered terrain – Drivers might be focused on the festivities, while children may be carrying bulky bags or wearing masks that restrict vision. Top Safety Tips for Families & Drivers For families: Use flashlights or glow-sticks so children are visible. Choose costumes that fit well and use reflective tape or bright colors. Walk on sidewalks. If none are available, walk facing traffic and stay as far left as possible. Cross the street at intersections and look both ways before you step out. Inspect all candy at home before snacking—especially if younger children are involved. For drivers: Slow down in residential areas and approach driveways, curbs and sidewalks cautiously. Avoid distractions—phones, music or passing out candy should not take your focus from the roadway. Be extra vigilant between 5 p.m. and 9 p.m., when pedestrian traffic peaks in Charlotte County neighborhoods. Park safely so you don’t block crosswalks or create hidden zones where children may step into traffic. What This Means If an Accident Happens Even when we all take precautions, accidents still happen. If your child is injured, or you’re involved in a collision while trick-or-treating, the same principles apply as in any personal injury claim in Florida: duty, breach, causation and damages. At GTS Law Firm, we’ve handled cases across Charlotte County where visibility, distraction or faulty premises played a role. Our team can help you understand if you may have a claim and guide you through the legal steps. Final Thoughts Halloween is meant to be fun—and with a little planning, it can be safe too. Whether you’re handing out candy or driving home afterwards, be alert and respectful of your neighbors. GTS Law Firm is proud to serve the Charlotte County community—not just when something goes wrong, but every day we help you stay safe and informed. If you or a loved one is injured due to another party’s negligence, we’re here to help. Please call (941) 625-6666 or visit our website to schedule a free consultation. Wishing everyone a spooky and safe Halloween from your local team at GTS Law Firm.
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction. Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction. Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666
When it comes to staying safe on the road, habits matter. Many car accidents are not caused by reckless behavior or extreme conditions, but by everyday driving habits that increase risk over time. From texting while driving to consistently rolling through stop signs, these seemingly minor behaviors can have serious consequences. Common Driving Habits That Lead to Accidents Distracted Driving – Phones, navigation systems, or even conversations with passengers can take attention away from the road. Distracted driving contributes to thousands of accidents each year. Following Too Closely – Tailgating reduces reaction time and can turn a minor slowdown into a major collision. Speeding in Familiar Areas – Drivers often feel comfortable speeding on roads they know well, underestimating risks like sudden stops or pedestrian crossings. Improper Lane Changes – Not checking mirrors or blind spots increases the chance of side collisions. Rolling Through Stop Signs and Traffic Signals – A habit of ignoring stop signs or lights, even slightly, can lead to intersection accidents. Why Habits Matter Repeated behaviors form patterns. Even safe drivers can develop risky habits over time without realizing it. Insurance companies, accident investigators, and courts often consider a driver’s habits when determining fault or liability after a crash. Protect Yourself and Others Be mindful of your driving habits – Small adjustments can prevent accidents. Avoid distractions – Keep your focus on the road at all times. Maintain safe following distances – Give yourself enough time to react. Follow traffic laws consistently – Stop signs and lights exist to protect everyone. At GTS Law Firm , we understand how habitual driving behaviors can affect accident outcomes. If you or a loved one has been involved in a collision caused by another driver’s habits, our experienced team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today to schedule a consultation and protect your rights. (941) 625-6666