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When there are vehicle accidents, serious injuries may occur. These injuries may involve extensive medical care and rehabilitation, loss of income, severe pain and suffering, and loss of enjoyment of life. Expenses will undoubtedly be high, and the quality of life may change involving wheelchairs, canes, adaptive vehicles, etc.  

If a motorist is found to be partially at fault, what happens? 

Florida law – Comparative Fault (768.81) 

In 1973 Florida adopted the comparative negligence standard because it was felt that the causes of accidents are not black and white. Each negligent party to an accident should be assessed his/her portion of the blame. Florida, a comparative negligence state, means that personal injury plaintiffs (the injured people) will have their recovery reduced by the percentage that they are found to be responsible for causing the accident. 

An example of comparative fault could be that the plaintiff’s actions were deemed to be 20 percent negligent. Then the damages awarded would be decreased by 20 percent. (Negligence is apportioned between those involved in the accident.) 

Negligence in Florida can be established when all three of the following conditions are met:

1. The party that injured you had a duty not to injure you but did not meet that duty.
2. The individual’s duty was related to your injury.
3. The individual’s failure to meet his or her duty is what caused your injury or damages.

Accident investigation is how negligence may be proven. This investigation involves the collection of evidence such as photos, video footage, and driver and witness interviews. Because this evidence is needed, it is important that accidents involving injuries be not only reported to the authorities, but also to an attorney. Evidence may be lost or forgotten.

“Accidents are devastating for the motorist as well as families and friends. We at Spivey Law Firm, Personal Injury Attorneys, P.A. warn drivers to always be aware of their surroundings when traveling on our roads and highways. Florida, with its beautiful vistas, is a magnet for drivers, and we want everyone to enjoy the ride and be safe. However, should you or a loved one be injured in an accident, our experienced team of attorneys is available when you need us 24/7,” said Fort Myers Motorcycle Accident Attorney, Randall Spivey.

Fort Myers Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.