Car Accident Lawyer Boca Raton

If you’ve been injured in a car accident in Boca Raton, you deserve a legal team that will fight for your rights and help you secure the compensation you need. At Donaldson & Weston, our experienced car accident lawyers are here to guide you through every step of the claims process. Call us today at 561-786-3369 for a free consultation and let us help you pursue justice and financial recovery.

How Comparative Negligence Impacts Car Accident Claims

Car accidents can be chaotic, and the aftermath is often just as confusing—especially when both drivers may share some blame. In Boca Raton, car accident claims are governed by Florida’s comparative negligence law, which plays a major role in determining how much compensation a person can receive after a crash. If you were involved in a collision where fault is disputed or shared, understanding how comparative negligence works can help you protect your rights and pursue fair compensation.

What Is Comparative Negligence?

Comparative negligence is a legal concept that comes into play when more than one party is responsible for an accident. Instead of one person bearing all the blame, the responsibility is divided based on each party’s contribution to the accident. Under Florida law, this means your compensation may be reduced if you are found partially at fault.

For example, if you were involved in a rear-end accident but your brake lights weren’t working at the time, you might be assigned a percentage of fault. If your total damages are $50,000 and you are found 20% at fault, you would only be eligible to recover $40,000.

Florida’s Modified Comparative Negligence Rule

Florida follows a modified comparative negligence system, which was updated in 2023. Under this new rule, you can still recover damages as long as you are not more than 50% at fault. If your share of responsibility exceeds 50%, you cannot collect compensation from the other party.

This shift is especially important in Boca Raton car accident cases. It means insurance companies and attorneys will closely examine the facts to determine each party’s level of fault. Evidence like police reports, witness statements, dashcam footage, and accident reconstructions can all be used to establish how much responsibility each driver had.

How Comparative Fault Affects Compensation

In personal injury claims, the value of your case is directly tied to your degree of fault. Even if the other driver was clearly negligent—running a red light, for example—you still need to consider your own actions leading up to the crash. Were you speeding? Were you distracted? Even a small misstep can impact the amount of money you’re able to recover.

Let’s say you suffer $100,000 in total damages after a serious crash in Boca Raton. If it’s determined you were 30% at fault, you would be limited to $70,000 in compensation. This applies to both economic damages, such as medical bills and lost income, and non-economic damages like pain and suffering.

Determining Fault in a Boca Raton Crash

Figuring out who is responsible in a car accident isn’t always straightforward. Florida uses a fact-based approach to determine fault, and each case is evaluated individually. After a crash, the insurance companies involved will conduct their own investigations. They might request medical records, vehicle inspections, and accident scene photos.

In many cases, multiple drivers may bear some responsibility. For example, in a T-bone collision at an intersection, one driver may have run a stop sign while the other was speeding. Both contributed to the accident, and both may be assigned a share of the blame.

Because so much hinges on how fault is assigned, having strong legal representation is crucial. An experienced personal injury attorney in Boca Raton can work with accident reconstruction experts, subpoena traffic camera footage, and gather witness testimony to build your case.

Common Situations Where Comparative Negligence Applies

Some types of accidents are more likely to involve shared fault. These include:

• Rear-end collisions: While the rear driver is often presumed to be at fault, the lead driver may share some blame if they braked suddenly or had malfunctioning brake lights.

• Left-turn accidents: The driver making the left turn is typically at fault, but not always. If the oncoming driver was speeding or ran a red light, fault may be shared.

• Intersection crashes: These frequently involve complex right-of-way issues, and both drivers may have violated traffic rules.

• Multi-vehicle accidents: When more than two cars are involved, determining fault becomes even more complicated. It’s not uncommon for several drivers to be partially responsible.

In each of these situations, the outcome of a personal injury claim can hinge on how effectively comparative fault is presented.

How Insurance Companies Use Comparative Negligence

Insurance companies often use comparative negligence to reduce payouts. It’s not unusual for an adjuster to argue that your actions contributed more to the accident than they actually did. This is why accident victims should be cautious when speaking with insurance representatives, especially in the early stages of a claim.

You’re not obligated to accept an insurance company’s assessment of fault. In fact, it’s a good idea to consult a personal injury attorney before agreeing to any settlement. A lawyer can negotiate on your behalf and push back against efforts to unfairly shift blame onto you.

Why Legal Representation Matters

Car accident cases that involve comparative negligence can be complex. Without legal guidance, you may not understand how much your case is truly worth—or how much blame you can reasonably be assigned. A knowledgeable car accident attorney in Boca Raton can help you present a strong case, gather the right evidence, and push for a settlement that reflects the true circumstances of your crash.

If your case goes to trial, comparative negligence becomes even more important. A judge or jury will weigh the evidence and assign fault percentages. Your attorney will argue on your behalf, aiming to keep your share of fault below the 51% threshold so you remain eligible for compensation.

Protecting Yourself After a Crash

There are several things you can do after an accident to help protect your right to compensation under Florida’s comparative negligence rules:

• Call the police: Always report the crash so an official record is created.

• Document the scene: Take photos of the vehicles, the road, and any visible injuries.

• Gather witness information: Get contact details from anyone who saw the accident.

• Seek medical attention: Even if you feel okay, some injuries take time to show symptoms.

• Avoid admitting fault: Don’t say anything at the scene that could be interpreted as taking responsibility.

Following these steps can help ensure a fair assessment of fault and support your claim later on.

Understanding how shared fault affects your ability to recover compensation is essential after a car accident in Boca Raton. Florida’s modified comparative negligence rule can work in your favor, but it can also be used against you if you’re not careful. The key is to gather strong evidence, avoid admitting fault, and speak with an attorney who knows how to navigate these cases. With the right approach, you can improve your chances of receiving the compensation you need to recover and move forward.

Speak With a Boca Raton Car Accident Attorney Today

If you’ve been injured in a car accident in Boca Raton, the experienced attorneys at Donaldson & Weston are ready to help you seek the compensation you deserve. Don’t face the aftermath of your accident alone—our team is here to fight for your rights and guide you every step of the way. Call us today at 561-786-3369 for a free consultation and take the first step toward justice.