Brooksville, a quiet city nestled in Florida’s Hernando County, offers residents a blend of historic charm and suburban comfort. With its walkable neighborhoods and busy intersections, pedestrian traffic is common, and unfortunately, so are pedestrian accidents. In the aftermath of such incidents, questions about legal rights and compensation often arise, especially when fault is shared.
If you were injured in a pedestrian accident but believe you may have contributed to the incident by jaywalking, ignoring signals, or being distracted, you might wonder whether you can still recover damages.
Florida’s comparative negligence laws play a critical role in these situations, and understanding them is essential. A Brooksville pedestrian accident lawyer can help clarify your rights and determine how your level of responsibility could affect your ability to seek compensation. This article explores what partial liability means and how it impacts your case under Florida law.
What Does “Partially Liable” Mean?
Being “partially liable” means that you share some responsibility for the accident. For example, if you were speeding when another driver ran a red light and hit you, both of you might be at fault. Your actions contributed to the accident, but that doesn’t mean you’re entirely to blame.
Liability is often split between parties. Sometimes it’s 50-50, other times it’s 80-20, or any percentage in between. The good news is that even if you hold part of the blame, you may still be able to get some compensation, depending on the rules in your state.
Comparative Negligence Laws: The Key to Your Case
In the United States, most states follow a legal rule known as comparative negligence. This rule lets you recover damages even if you were partly at fault. But here’s the twist—your compensation gets reduced based on how much of the accident was your fault.
Let’s say a court finds you 30 percent responsible for an accident and your damages total $10,000. Under comparative negligence, you’d still get $7,000. It’s a fair way to handle shared mistakes.
There are two main types of comparative negligence:
- Pure comparative negligence: You can recover damages even if you were 99 percent at fault.
- Modified comparative negligence: You can only recover damages if your fault is less than 50 or 51 percent, depending on the state.
What If You’re More Than 50 Percent at Fault?
This is where things get tricky. In states that follow modified comparative negligence, if you are found to be more than 50 or 51 percent responsible, you might not receive any compensation at all. So yes, there’s a limit to how much fault you can share and still expect a payout.
That’s why it’s important to gather evidence, talk to witnesses, and keep detailed records. The more you can show how the other party contributed to the accident, the better your chances of reducing your share of fault.
How a Lawyer Can Help You
Accident claims aren’t always straightforward. Insurance companies may try to shift more blame onto you so they can pay less. That’s where having a lawyer by your side really helps. A personal injury attorney can investigate your case, gather the right documents, and negotiate with the insurance company on your behalf.
If you’re unsure about your level of fault, don’t guess. A good attorney can help you understand how the law applies to your situation and what steps to take next.
Final Thoughts
So, will you not get compensation if you’re partially liable? The answer is: you still might, depending on where you live and how much of the accident was your fault. The most important thing is not to assume you’re out of options. Instead, speak with a legal professional who can help you see the full picture.
Accidents are hard enough to deal with—don’t let confusion about liability stop you from getting the help you need. Even if you made a mistake, you could still have a right to recover damages.
