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If you are deemed to be partially at fault for the accident, you could still win the lawsuit if that percentage is under 50%, under the comparative negligence doctrine. You should therefore still sue, with the help of an experienced attorney.
The state of Florida adopted the comparative negligence standard in 1973. This means that if you were involved in a car accident in Miami and the police determine that you hold some fault in the accident, you could still win the lawsuit if that percentage is under 50%.
The comparative negligence is a legal doctrine according to which the amount of somebody else's liability for the accident will be determined by comparing his carelessness with your own.
The percentage of other driver's liability will determine the part of the damages he has to pay for. According to the modified comparative fault principle, you will not be entitled to recover anything if your carelessness percentage was 50% and above this number.
You can still sue the driver to get compensation for your injuries although you are partially at fault for the crash. The Miami based Law Offices of Sean M. Cleary will carefully investigate the case, checking if the truck driver is certified to drive the commercial vehicle and if he has followed all the regulations and rules that apply to trucking in the United States. If results show the other driver can be held responsible for the accident, the case will be taken to court. For a free consultation, call us at 305.416.9805.