Being involved in a car accident can leave you with mounting medical bills, lost wages, and uncertainty about your legal rights. But what happens if you were partially at fault for the crash? Can you still recover compensation in Florida?
The answer lies in Florida’s comparative negligence law, which allows injured drivers to pursue compensation even if they were partially responsible for the accident. Understanding how this law works—and how your share of fault affects your financial recovery—is critical for anyone pursuing a personal injury claim after a Florida car accident.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to allocate fault between multiple parties involved in an accident. When both drivers (or other parties) share some degree of responsibility for the crash, comparative negligence reduces the injured party’s compensation by their percentage of fault.
Example:
If you are found to be 20% at fault for a crash and your total damages are $100,000, your compensation would be reduced by 20%, meaning you would recover $80,000.
Florida’s Modified Comparative Negligence Rule (2023 Update)
In 2023, Florida adopted a modified comparative negligence rule. Under this updated law:
- You can only recover compensation if you are 50% or less at fault for the accident.
- If you are found to be more than 50% responsible, you are barred from recovering any damages.
This is a significant change from Florida’s previous system, which allowed recovery even if a party was up to 99% at fault. Now, proving the other party bears the majority of fault is crucial for securing compensation.
How Fault Is Determined in Florida Car Accidents
Determining who is at fault in a car accident involves:
- Reviewing police reports
- Examining witness statements
- Analyzing dashcam or surveillance footage
- Investigating vehicle damage and accident scene evidence
Insurance companies often conduct their own investigations, but their goal is usually to reduce the amount they pay out—which is why having an experienced personal injury attorney on your side is critical.
Examples of Comparative Negligence in Florida Accidents
Here are some real-world examples of how comparative negligence might apply:
- Rear-End Collision: If Driver A stops suddenly with no brake lights and Driver B hits them while following too closely, both drivers could share fault.
- Intersection Crash: If Driver A ran a red light but Driver B was speeding, both parties could bear some liability.
- Lane Change Accident: If Driver A fails to signal while merging, but Driver B is texting and doesn’t react in time, both may share responsibility.
In these cases, insurance companies and courts assign percentages of fault to each party, which directly impacts how much compensation each can recover.
How Comparative Negligence Affects Your Compensation
The higher your percentage of fault, the less compensation you can recover. This is why building a strong case with solid evidence is essential—especially if there’s a risk you may be partially blamed for the crash.
Types of Compensation Affected
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
Every type of compensation you are awarded will be reduced by your percentage of fault.
Steps to Protect Yourself After a Florida Car Accident
If you think you might be partially at fault, here’s what you should do to protect your rights:
1. Avoid Admitting Fault at the Scene
Stick to the facts when speaking to police or insurance adjusters. Even a polite “I’m sorry” can be misinterpreted as an admission of fault.
2. Gather Evidence Immediately
- Take photos of vehicle damage, skid marks, road conditions, and traffic signals.
- Obtain witness contact information.
- Request a copy of the police report.
3. Consult an Experienced Personal Injury Attorney
An attorney can investigate the accident independently, challenge unfair fault assignments, and build a strong case to protect your compensation.
Don’t Let Partial Fault Prevent Your Recovery
Florida’s modified comparative negligence law allows you to pursue compensation even if you share some responsibility for the crash—but only if you are 50% or less at fault.
If you’ve been injured in a Florida car accident, don’t leave your financial recovery to chance. Contact Warren Chin at ECD Law at (941) 366-8888 to review your case and protect your right to compensation.