Although it may appear to be the case on the surface, rear-end accidents are not always as straightforward as a rear driver recklessly crashing into a vehicle ahead of them. Rather, there may have been several outside stimuli and contributing factors that ultimately led to this unfortunate fate. This is to say that you should deeply reflect on your part in the accident, if you played one at all, before deciding to proceed forward with a personal injury claim. Without further ado, please read on to discover what happens when multiple drivers share fault for a rear-end accident and how a seasoned Miami car accident lawyer at the Law Offices of Gonzalo Funes, PA, can help you recover compensation nonetheless.
How can multiple drivers be at fault for a rear-end accident?
In short, it is very much possible for multiple drivers to split fault in a rear-end accident when a chain reaction occurs. This may originate from the lead driver, who may not have necessarily been careless, but rather unexpectedly broke down due to their malfunctioning vehicle, or abruptly slammed the brakes due to a hazard on the lane ahead (i.e., weather-related debris, a pedestrian illegally jaywalking, etc). This may cause multiple rear drivers to pile up behind the lead vehicle.
Or, multiple rear drivers may have contributed negligent factors in the rear-end accident event. For example, Driver A may have been texting while driving before rear-ending Driver B’s vehicle. Further, Driver B may have been violating traffic safety laws by speeding or tailgating Driver C. So, the impact of Driver A’s vehicle may push them into the rear of Driver C’s vehicle. Ultimately, it may later be discovered that Driver C’s taillights were broken, which may partially justify why Driver B’s vehicle got so close to theirs in the first place.
What happens to my personal injury claim if there is shared fault?
When it comes to all personal injury cases, the state of Florida has adopted the modified comparative negligence statute. Under this system, a plaintiff may only be granted the recovery they seek from the civil court if they are found to be 50 percent or less at fault for their injuries and overall accident event. If so, their payout may be reduced by the proportion of blame assigned to them. Using the example given above, say Driver B is the plaintiff of a personal injury claim.
After reviewing all the provided evidence, the court may conclude that their speeding or tailgating contributed 25 percent of the fault, while Drivers A and C split the rest of the 75 percent. Well then, Driver B may only receive financial compensation for 75 percent of their claimed economic and non-economic damages. But if this were inverted, and they were being held accountable by 75 percent, they may get zero monetary funds.
If you wish to explore your legal options moving forward, please allow a competent Miami auto accident lawyer from the Law Offices of Gonzalo Funes, PA, to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.
