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Partial fault in a vehicle rollover: Can you file a claim?

On Behalf of | May 22, 2024 | PERSONAL INJURY (PLAINTIFF) - Vehicle Rollovers

In many cases of auto accidents, such as vehicle rollovers, determining the cause of the accident—and who is at fault—can be a complex process. It is not uncommon for multiple parties, including the victim, to share some degree of responsibility for the incident.

Nonetheless, the existence of partial fault in these cases plays a substantial role in determining the amount of compensation that a victim can claim, or if they can recover damages at all.

What are the negligence laws of your state?

Whether or not you can file a claim for personal injury when you were partially at fault for the accident depends on the negligence laws of your state.

In Florida, rollover accident victims can still file a claim regardless of partial fault since the state follows a modified comparative negligence rule. This rule allows a person to recover compensation even if they are partially to blame, though the court will reduce amount of damages they can recover by the percentage of their fault. Moreover, partially-at-fault victims can only file a claim if they were 50 percent or less responsible for causing the accident.

For instance, if the judge found that you were 45 percent at fault for the accident and the amount of damages is $100,000, you would be able to recover 55 percent of the damages or $55,000. However, if you were found to be 51 percent at fault, you are barred from making a claim for damages.

Not as easy as it seems

While the laws of your state may appear straightforward, the specifics of your claim can still be complex depending on the unique circumstances surrounding the accident and the people involved. Hence, it is usually advisable to consult with a personal injury attorney who can provide suitable legal advice and help you make informed decisions related to your motor vehicle accident claim.