As a personal injury attorney, I deal with countless victims who suffer due to the negligence of others. Oftentimes, the person who caused the injury will attempt to place some of the blame on the injured person. Sadly, sometimes they are correct, and the injured party was partially at fault.
Let’s imagine a case where a small child is injured in a motor vehicle accident due to a negligent driver who ran a red light. Clearly, the person that ran the red light is at fault. However, what if the parent of the child failed to properly secure the child in a child seat?
What if the injuries could have been prevented? What may the outcome have been if the parent would have simply followed the proper child restraint protocols? Should the person that ran the red light still be solely liable?
Pursuant to Florida law, if a jury assigns fault to the parent of the minor child, the percentage of fault will be deducted from the final judgment in the case. Nevertheless, the parent can still recover the percentage of fault assigned to the other driver. Thus, even if you are partially at fault in an accident, you can still recover if you were injured. If you are being told you are solely or partially responsible for an accident, seek legal advice immediately.
