
Do not let the police report discourage you. Even if you were partially to blame for the crash, you may still be owed significant compensation.
The Myth of Perfection
Many drivers believe that if they were speeding slightly or looked down at their phone for a second, they are automatically disqualified from receiving a settlement. This is simply not true.
Florida operates under a system known as modified comparative negligence. This means that liability for an accident can be split between multiple parties.
The 50 Percent Rule
Here is the critical legal threshold: As long as you are found to be 50 percent or less at fault for the accident, you can still recover damages.
For example, if a jury decides your total damages are $100,000, but they also decide you were 20 percent at fault for the crash:
- You are still eligible for compensation.
- Your payout is reduced by your percentage of fault.
- You would receive $80,000.
Fighting the Percentage
Insurance adjusters know this rule well. Their goal is to push your fault percentage over 51 percent so they pay you zero. They will twist your words to make it seem like you caused the crash.
This is where we step in. We investigate the scene, pull traffic camera footage, and interview witnesses to ensure the other driver bears the correct share of the blame. Do not accept the insurance company's math.
Let us calculate what is fair.
Mariel Tollinchi, Esq.
Managing Partner at Tollinchi Law
With years of experience fighting for injury victims across Florida, Mariel is dedicated to helping families get the compensation they deserve.
Need Legal Help?
If you've been injured, contact us for a free consultation.
