Being partly responsible for an accident does not automatically prevent you from pursuing compensation in Florida. However, how much fault is assigned to you can make a major difference.
Florida currently follows a modified comparative negligence system for most negligence cases. If you are 50% or less at fault, your compensation can generally be reduced according to your percentage of responsibility. If you are found more than 50% responsible for your own harm, Florida law generally prevents you from recovering damages in that negligence action. Medical-negligence cases are treated differently under this particular rule.
That makes disputed fault one of the most important issues to address early in a personal injury claim.
Key Takeaways
- Being partially responsible does not necessarily eliminate a Florida personal injury claim.
- Compensation can be reduced according to your percentage of fault.
- A person found more than 50% at fault generally cannot recover damages under Florida’s current comparative-fault rule.
- Evidence such as photographs, witness statements, video, and accident reports can become important when fault is disputed.
- You should not assume an insurance company’s percentage-of-fault decision is the final word.
How Does Comparative Fault Work in Florida?
Comparative fault determines how responsibility for an accident affects the damages an injured person can recover.
Imagine your total damages were determined to be $100,000 and you were found 20% responsible for causing the accident. Under the comparative-fault principle, the amount attributable to you could reduce the recovery by 20%, leaving $80,000.
The consequences become much more serious when the injured person carries most of the blame.
Florida Statute §768.81 states that, in covered negligence actions, a party found greater than 50% at fault for their own harm may not recover damages.
That 50% line can therefore become a major point of dispute.
Who Decides How Much Fault You Have?
An insurance adjuster may initially take a position on liability, but that does not make the insurer’s assessment legally conclusive.
Fault can depend on evidence from several sources. Police reports may provide useful information, but photographs, surveillance footage, vehicle damage, witness accounts, electronic data, medical records, and expert analysis can also affect how an accident is reconstructed.
Consider a car crash at an intersection. One driver may have had the right of way, while the other argues that speeding contributed to the collision. In a slip-and-fall claim, a property owner may argue that the injured person should have noticed the hazard.
These cases are rarely resolved by one fact alone.
What If the Insurance Company Says You Caused the Accident?
Do not assume that an insurer’s allegation of fault ends the claim.
Insurance companies have a financial reason to investigate how much responsibility can be attributed to each person. Under Florida’s current law, moving an injured claimant from 40% fault to more than 50% fault can significantly change the outcome of a negligence case.
That makes evidence preservation especially important.
Avoid guessing about speed, distance, timing, or other facts you do not clearly remember. Give accurate information, preserve relevant photographs and documents, and be careful about statements that could later be interpreted as an admission.
Can More Than Two People Share Fault?
Yes. Some accidents involve several potentially responsible parties.
A commercial truck collision, for example, may raise questions about the truck driver, another motorist, the trucking company, maintenance providers, or other parties. A premises-liability case can also involve more than one person or business.
Florida law generally directs courts in negligence actions to allocate responsibility according to each liable party’s percentage of fault.
Identifying every responsible party can therefore matter to the value and structure of a claim.
Do Not Decide Your Own Case Based on an Apology
People frequently say “I’m sorry” after an accident because they are shaken, worried, or simply being polite. That does not necessarily establish the complete legal picture.
At Law Kevin, we look at what actually happened, what evidence exists, and how Florida law applies before drawing conclusions about responsibility. We represent accident victims throughout Florida and help clients understand how fault can affect their personal injury claims.
If liability is disputed or you are being told that you caused part of your accident, getting the facts reviewed early can help you understand your options before important evidence disappears.
This article provides general information about Florida law and is not legal advice. The outcome of a personal injury matter depends on its specific facts.
This post was written by a professional at LeavenLaw. Attorney Kevin L. Sullivan II is your accident lawyer Gibsonton FL and an experienced personal attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.