If I Was Involved in Two Car Accidents Within a Short Time, Can I Still Recover for My Injuries in the First Accident?
The Supreme Court of Florida held that if a jury cannot decipher which of two successive tortfeasors caused an injury, the first is liable for the entire injury. This is because Florida follows what is known as comparative negligence. Under this theory, a jury could apportion fault between multiple tortfeasors and even the plaintiff by assigning a percentage of fault. Unfortunately, if the jury cannot determine the apportionment of fault, the first of two successive tortfeasors is liable for the entire injury. For more information, see Gross v. Lyons, 763 So. 2d 276 (Fla. 2000) and contact Rosen Injury Law for a consultation.