Answer:
If a client tells me they think they may have been partially at fault in causing a motor vehicle accident but are not sure, first and foremost, I tell them we need to investigate to find out. We need to talk to witnesses that might have observed the accident. We need to see what the vehicle damage looks like. We need to see what the police report says. We need to do our own due diligence to find out.
You may have, indeed, been partially at fault, or partially responsible, or failing to use reasonable care. Florida law allows for what we call comparative fault, meaning that it’s not always a black and white analysis; it’s not always that clear-cut. Sometimes, a person may have a percentage of responsibility. Maybe it’s a small percentage; maybe it’s 5, or 10, or 20% of responsibility, and the other party involved in an accident is more responsible, 65, 70, 80% at fault or more, or maybe there’s a division of responsibility among more than two people. Maybe three people are involved or may have been involved and failing to use reasonable care under the circumstance.
If you have any questions about whether or not you failed to use reasonable care that might have contributed to your own injuries, give us a call here at Perenich Law Injury Attorneys. We’ll look at all the evidence and we’ll advise you. If it’s in your best interest to pursue a claim, we’ll let you know about that. If it’s not in your best interest, we’ll also tell you that as well.