If I Am Partially at Fault for a Rear-End Accident in Miami, Can I Still Receive Compensation?

Yes, in Florida, if you were partially responsible for your rear-end accident, you can still receive compensation. The amount of the compensation that you can receive is indirectly proportional to the percentage of fault. Witnesses may be essential to assigning the correct percentages of fault.

Florida is a comparative negligence state, meaning that in a Miami car accident, even if one driver was partially at fault for the crash, he or she can still receive a certain amount of compensation. The amount will depend on the percentage of fault each driver had. However, the driver that was hit could also be responsible in one of the following cases:

  • he or she was backing up out of a parking space or down the street;
  • the car was pulling out of a driveway into oncoming traffic;
  • the driver in front slammed on the brakes to avoid hitting a person, an animal or another vehicle;
  • the driver slammed on the brakes in a road rage situation.

If a driver in front of you stopped suddenly, you might need the testimony of a witness to hold the other person responsible, otherwise, you might be at fault for following too close. In either way, it is best to seek an experienced Miami personal injury lawyer to discuss the details of your case and ensure compensation for your damages and/or injuries.

For questions and free legal advice to help individuals please call us

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Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.