Motor vehicle accidents, car accidents, motorcycle accidents, and trucking accidents are the source of many personal injury and wrongful death claims and lawsuits every year.? Unfortunately, even the strongest personal injury cases can be thrown off course by a Florida negligence law concept known as comparative fault, which says that where more than one person caused the results of an accident, each one will pay only for his or her percentage of fault.? Even if someone else was at fault in causing your personal injuries from a car accident, you may not be able to collect, if you were not following basic safety laws designed to protect you.
In a typical personal injury case based on an auto accident in which someone else?s negligence was clearly a cause, here are three major Florida comparative fault mistakes that might reduce the award you could receive in compensation for damages like lost wages, medical expenses, or pain and suffering:
1.???? Not wearing your seatbelt.
Florida seatbelt laws require all passengers in the front seats and all passengers under age 18 to wear seatbelts or appropriate child restraints, to protect passengers from injury in accidents.? In one Tampa-area accidental death recently reported, a Shady Hills man died on Christmas morning, after being ejected from his vehicle in a rollover accident.? He was not wearing a seatbelt, which likely would have kept him inside the vehicle, where his injuries might not have been so severe.
This accident could have been someone else?s fault.? For example, a hit-and-run driver could have caused the accident or it might have resulted from a manufacturer?s defect that caused his vehicle to malfunction.? Nevertheless, any damages awarded to this young man?s estate in a personal injury lawsuit might be reduced by a percentage, based on his non-use of the seatbelt.
2.???? Speeding.
Even if your Tampa car wreck is caused directly by someone else?s careless driving, speeding on your part could diminish any damages you would otherwise receive for personal injuries or wrongful death.? Those defending against a Tampa personal injury lawsuit would claim that your excessive speed contributed to the severity of your wreck and compensation for your injuries could be reduced by your percentage of fault in the matter.
Driving too fast for conditions is another form of speeding that is often raised as a defense by other parties to an accident.? For example, in heavy rain, it might not be considered reasonable or safe to go as fast as the posted speed limit would allow.? A personal injury accident under those circumstances could be partially blamed on your own choice to drive too fast.
3.???? Running a red light.
In a motor vehicle accident, going through a red light is almost always going to prevent you from receiving full compensation for personal injury damages.? This is true, even if you merely turned right on red in a zone where it is allowed, because you have a duty to move forward only when the way is clear.? These days, Tampa?s red-light camera program or a similar new St. Petersburg program may provide a defendant with a nice snapshot of your red-light violation, and worse yet, you could wind up being liable for personal injury or death that you caused in the accident, like this December 23, 2012, accident, in which a woman was killed by a driver running a red light.
Other common mistakes that may prevent or reduce your recovery in a personal injury or wrongful death case include driving with defective equipment, like malfunctioning headlights, taillights, blinkers, brakes, tires, or mirrors; sudden lane changes; or sudden stops.? You should protect yourself and your passengers from injury and protect your right to collect maximum compensation in a vehicular accident case by always ensuring that your car is properly equipped, following traffic laws, and ensuring that all passengers use proper seatbelts and child restraints in your vehicle.
If you or someone you love is dealing with personal injury or wrongful death caused by an auto accident, take action to protect your right to collect full compensation for damages like lost wages, medical expenses, pain and suffering, loss of services, loss of companionship, or others.? Seek legal advice from an experienced personal injury attorney who knows how to present your best claim for compensation and fight claims of comparative fault.
Call us today at 1-888-WE-MEAN-IT (888-936-3264), and take advantage of a free consultation with a hard-hitting, knowledgeable Tampa personal injury attorney who will vigorously pursue your rights after a Tampa motor vehicle accident.
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