September 19, 2022
If you were distracted and injured in an accident as a result of that distraction, you may be under the impression that you do not have the right to recover any compensation for injuries suffered as a result of the crash. While it is true that injury victims our not absolved of responsibility for their contributions to the circumstances of an injurious crash, you may remain entitled to significant compensation at this time. It is important to make an effort to speak with a lawyer instead of making assumptions about the value of any car accident lawsuit that you may file. You may be entitled to far more than you’ve initially allowed yourself to believe.
Comparative Negligence vs. Contributory Negligence Models
As an experienced Melbourne, FL car accident lawyer can explain to you in context and detail, different states employ different models for dealing with issues of partial fault. States like California and Florida employ a legal standard known as pure comparative negligence. This means that even if you were 99% to blame for what happened to you, you can still seek compensation from others who were also partially to blame as a result of their negligent, reckless, or intentionally dangerous conduct. But, if you were injured in a contributory negligence state, you may be barred from seeking compensation if you were more than 50% to blame for your crash or you were more at fault than any defendant you would name in a than any defendant you would name in a lawsuit.
Determining Causation and Fault
To determine whether you have viable grounds upon which to seek compensation for your injuries, a lawyer will need to investigate the circumstances of your crash. Doing so will allow you to fully understand all the factors that contributed to the crash and who/what may be held legally and financially responsible for harm caused by the accident. Although you were distracted while behind the wheel, another driver, a manufacturer of defective auto parts, or even a government agency tasked with safe road maintenance may also be partially to blame. Only after determining causation and fault accurately can you make informed decisions about whether filing legal action is worth your effort at this time.
The one exception to this rule comes into play in the case of work-related accidents. If you are classified as a full-time or part-time employee, you’re eligible for workers’ compensation benefits, and you were engaged in work-related activities at the time of your crash, you may be eligible for workers’ compensation benefits even if your wreck was 100 percent your fault.
Legal Assistance Is Available
If you’ve recently suffered injuries as the result of a car crash caused in part by distraction, connect with the experienced attorneys at Tuttle Law, P.A. to learn about your rights and options under the law. Simply because you were distracted – purposefully or unintentionally – at the time of impact, doesn’t mean that you’re necessarily barred from seeking considerable compensation for your injuries. Connect with our firm today to learn more. We look forward to speaking with you.