How will the court determine who is at fault in a truck accident?

In Florida, the court will use several factors to determine who is at fault in a truck accident. Generally, Florida follows the rule of “comparative negligence” which means that the court will reach a conclusion taking into consideration the negligence of both parties. The court usually considers the following factors when looking at liability in a truck accident: the conduct of each driver prior to the accident, the traffic laws followed by each driver, the weather conditions at the time of the crash, the speed of each vehicle, and the behavior of each driver (such as driving erratically, or following too close). The court will also examine any available witness statements and/or police reports. The court will then use the evidence it has to establish liability for the crash. If it is determined that one of the drivers was more negligent than the other, the court will assign a percentage of fault to the negligent party. The amount of any damages awarded to the victim will be reduced by the percentage of fault they are found to have in the crash. It is important to remember that the court will take into account any contributory negligence when determining fault in a truck accident. If a driver is found to be partially at fault, then they may still be able to collect damages, but their recoverable damages will be reduced by the percentage of fault assigned to them.

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