Florida follows a “pure comparative negligence” system. This means that even if you were partially at fault for an accident, you may still be eligible to recover damages. However, any compensation you receive will be reduced in proportion to your percentage of fault. So if you’re 30% at fault, your award will be reduced by 30%. In Florida, this rule is important in car accidents, where factors like speed can influence your Florida car accident claim. Contact Buchalter Hoffman & Dorchak to help you understand Florida’s personal injury laws and assist you in getting the compensation you deserve.
How Speeding Factors into Your Claim
Speeding is a form of negligence, and the faster you go, the greater the risk of an accident. If evidence indicates you were speeding at the time of the crash, the insurance company or a court may determine that you bear some degree of responsibility. Here’s how this could diminish your claim:
Reduced Compensation
The concept of comparative negligence applies in Florida, meaning that if you’re found partially at fault for an accident due to speeding, the compensation you’re entitled to will be adjusted accordingly. Essentially, your financial recovery is directly proportional to your degree of fault. For instance, if it’s determined that your speeding constituted 30% of the fault in an accident, your compensation could be reduced by that same percentage. This reduction applies even if the other driver was found to be primarily at fault. The logic behind this is to ensure that compensation reflects the actual dynamics of the accident, with speeding seen as a critical factor in exacerbating or even causing the incident.
Loss of Right to Sue
Florida’s legal framework introduces a significant limitation on the right to seek compensation following an accident where the plaintiff is found to be more than 50% at fault. This rule acts as a deterrent against reckless behavior, including speeding, by emphasizing the legal consequences of such actions. If an investigation or court finds that your speeding was so severe that it represents more than half the cause of the accident, you would be legally barred from pursuing compensation from the other parties involved. This threshold underscores the importance of adhering to speed limits and driving responsibly, as violating these can not only endanger lives but also limit legal recourse in the event of an accident.
Insurance Companies and Speeding
Insurance companies use speeding as a factor to determine your risk level, which in turn affects your car insurance premiums. Although speeding on its own doesn’t lead to a denial of claims, it significantly influences future insurance rates. Here’s why:
- Speeding suggests to insurers that you’re a higher risk for future accidents. Since insurance pricing is based on risk assessment, a history of speeding can lead to higher premiums.
- If your speeding is linked to an accident, expect your insurance costs to go up. These increases can sometimes exceed the amount you receive in claim compensation, affecting you financially in the long run.
- Over time, the extra amount paid in increased premiums can add up, possibly costing more than any immediate financial benefit from a claim.
- Insurers use the prospect of higher premiums to motivate safer driving habits among policyholders.
While you won’t be denied a claim for speeding, the act can lead to more expensive insurance premiums as insurers view you as a higher risk. This has both immediate and long-term financial implications, emphasizing the importance of adhering to speed limits and driving safely.
Choose an Attorney Who Can Minimize the Impact
Speeding can undeniably diminish your Florida car accident claim, but it doesn’t have to define the outcome. With the support of a Miami car accident lawyer, the effects of speeding can be mitigated, ensuring that your rights are protected and that you receive fair compensation. The Miami car accident attorneys at Buchalter Hoffman and Dorchak understand the nuances of car accident claims in Florida. They are committed to providing robust representation and personalized legal strategies.
In the aftermath of a speeding-related car accident, choosing the right legal partner is more than just a decision; it’s a critical step towards safeguarding your future. If you’re facing a car accident claim in Miami and are concerned about how speeding might affect your case, reach out to Buchalter Hoffman and Dorchak. Let their experience and dedication work for you, ensuring that your claim is handled with the professionalism and attention it deserves. Remember, your choice of attorney can significantly influence the outcome of your case. Make it count. Reach out to us today.