¿Puede el exceso de velocidad reducir la indemnización por un accidente automovilístico?
Wondering if speeding can reduce your compensation in a personal injury claim? If your speeding contributed to the accident that caused your injuries, yes, it can reduce your compensation or even bar you from filing a claim.
Florida is what’s known as a comparative negligence state. Recently, the state changed from a pure comparative negligence to a modified comparative negligence system.
What do these terms mean, and how can they affect your compensation in a Tampa traffic accident claim? We explore the answers to these questions and more in this post.
Contributory vs. Comparative Negligence Rules
First, contributory and comparative negligence determine when victims can sue for damages after they get into an accident.
Contributory negligence bars victims from recovering personal injury damages if they were partially at fault for the accident. Being even 1% responsible for the accident that caused your injury means you can’t file a claim.
Comparative negligence allows victims to recover damages when they are partially at fault for the accident. There are two kinds of comparative negligence: pure and modified comparative negligence.
Pure vs. Modified Comparative Negligence
Florida formerly used a pure comparative fault system for most negligence cases. Florida changed to culpa comparativa modificada in 2023.
Under Florida’s current rule, damages are reduced by a party’s percentage of fault. If a party is found more than 50% at fault for their own harm, that party generally cannot recover damages. A party found exactly 50% at fault is not barred by this specific rule, although the damages would generally be reduced by 50%.
Florida’s modified comparative fault provision was enacted as part of the 2023 tort-reform law that became law on March 24, 2023.
Modified Comparative Negligence and Compensation
In modified comparative negligence states, the victim’s share of fault is not just important for determining if he or she can file a claim. It also dictates how much compensation the victim is eligible for.
Let’s use an example. Say you are partially to blame for the accident that caused your injuries, and a court or insurance company determines your share of fault is 40%. You file a claim and recover $100,000 in damages.
Because you were 40% at fault for the accident, you don’t get to take home the entire $100,000. The court or insurance company will subtract 40% of the reward, meaning you get $60,000.
How Speeding Impacts Modified Comparative Negligence
Comparative fault rules, whether modified or not, are designed to recognize that accidents are complex legal situations. Multiple factors can lead to an accident, and defendants should not have to pay for the victim’s share of fault.
Speeding is one of these factors. If there is clear evidence that a victim was speeding at the time of the accident, it will count against them. The more over the speed limit the victim was driving, the more their share of fault.
The exact amount of fault that will be assigned for speeding is not determined using a formula. It will depend on factors like the statement the victim gives to police and insurance companies, the evidence of speeding, and your attorney’s skill.
What Is Considered Speeding?
Speeding is not just driving above the speed limit. Failing to use proper caution in poor road conditions can also be used against a victim during a personal injury claim.
Road conditions requiring drivers to drive below the posted speed limit include but are not limited to:
- Niebla
- Extreme glare
- Traffic
- Rain
- Snow
Roads that are not well-maintained, congested with pedestrians or animals, and have debris in the lanes should also be driven on with extreme caution.
Other Factors in Comparative Fault
Speeding is not the only factor that can contribute to a victim’s share of fault. Other elements include but are not limited to:
- Not wearing a seatbelt
- Driving a vehicle you know is defective
- Manejar bajo los efectos de drogas o alcohol
- Brake checking
- Conducción distorsionada
- Failing to use reasonable care
Practicing caution while driving can reduce your share of fault and is one of the many ways to maximize personal injury compensation after a Tampa traffic accident.
How to Maximize Your Personal Injury Compensation
Victims of traffic accidents deserve compensation for their physical and mental dolor y sufrimiento. They also deserve to recover expenses related to their injury, such as medical bills and lost wages.
Here are our top tips for getting the compensation you deserve after an accident that was mostly someone else’s fault.
File a Police Report
A crucial piece of evidence in a car accident case is the police report. Insurance companies use it to help determine fault. It can also be used in court if you decide to sue the negligent driver.
Without calling the police and getting an accident report, it will be more difficult to prove your account of the event.
Collect Evidence at the Scene
If your injuries are severe, skip this step and go straight to the hospital. The police are responsible for gathering evidence in your stead.
However, collecting your own evidence can greatly benefit your case. When possible, collect witness statements and take photos of your and the other driver’s vehicles to add credibility to your account.
Busque atención médica
Injuries are expensive. That’s why medical expenses are one of the largest aspects of a personal injury compensation package. If you don’t seek attention for your injuries, your award will be significantly less.
Moreover, a court or insurer may not believe that your injuries are serious enough to deserve compensation if you fail to get medical attention.
Never Admit Fault
When speaking to police or the other driver’s insurance company, never admit fault. In fact, you should really avoid speaking to insurers at all without consulting with a lawyer.
Without legal advice, the insurance company can twist your words. This is true even if it’s your insurance provider.
Call After a Tampa Traffic Accident
Speeding can diminish the compensation you’re eligible for in a car accident claim. That’s because Florida is a modified comparative negligence state, where your personal injury award is reduced based on your share of fault.
If fault is disputed after a Florida traffic accident, the percentage assigned to each party can directly affect whether damages may be recovered and the amount of the recovery. The attorneys at RHINO Lawyers have multiple years of experience winning our clients maximum compensation for Tampa traffic accidents.
Programa una consulta gratis para empezar.
COMUNÍQUESE CON UN ABOGADO DE ACCIDENTES AUTOMOVILÍSTICOS EN TAMPA
En resumen, después de un accidente automovilístico, es posible que no conozca sus derechos. Sobre todo, no luche solo durante el proceso. En realidad, nuestro equipo de lesiones personales está aquí para ayudarle con cualquier necesidad legal que pueda tener relacionada con su accidente.
Por último, que RHINO Lawyers responda a sus preguntas y revise los hechos de su caso con una consulta gratuita. Así que comience completando el “Evaluación de caso instantánea y gratuita”o llamándonos en cualquier momento, día o noche, al 844.RHINO.77.
