When you've been involved in a car accident, determining who was at fault can significantly affect the outcome of your injury claim. Florida operates under a modified comparative negligence system (also called comparative fault), which means multiple parties can share responsibility for a crash.
However, if you’re found to be greater than 50% at fault for your own injuries, you recover nothing. Understanding how modified comparative negligence in Florida works is crucial to protecting your rights.
What Is Comparative Negligence in Florida?
Comparative negligence is a legal doctrine used to apportion fault among all parties involved in an accident. Under Florida law, specifically Florida Statute Sec. 768.81, each party’s percentage of fault directly affects the damages they can recover. For example, if you’re found 20% at fault for a shared fault car accident, your compensation will be reduced by that 20%.
How Shared Fault Impacts Compensation
In a shared fault car accident, the courts will look at the evidence to assign fault percentages. If you suffered $100,000 in damages but were found to be 30% at fault, you would be eligible to recover only $70,000.
This shared responsibility framework can be complicated as even small shifts in fault percentage can have a significant impact on your recovery. For example, if you are 49% at fault, you can still recover. However, if you are found 51% at fault, you recover nothing.
To better understand how your share of fault may impact your ability to recover, read more about your Florida car accident compensation rights.
And if you were not the driver at all, you may be wondering what happens if you’re injured as a passenger. Liability and compensation in these cases are often handled differently. In short, a passenger won’t be found at fault in car accident cases, and probably has claims against the driver of the car in which they are a passenger and any other at-fault drivers.
Additionally, many people underestimate, serious injuries from minor accidents, assuming that low-speed crashes don’t result in long-term harm. But even in accidents where fault is shared, lasting injuries can still entitle you to compensation.
Examples of Comparative Negligence in Car Accidents
To better understand how comparative negligence in Florida works, consider these scenarios:
- Rear-End Collision: You were rear-ended, but your brake lights were out. The court may find the other driver 80% at fault and you 20% at fault for failing to maintain your brake lights.
- Intersection Accident: You were t-boned at an intersection while exceeding the speed limit by just 5 mph, but the other driver ran a red light. The other driver may be found 90% at fault, and you 10%.
- Left Turn Impact: You were turning left at an intersection without yielding, but the oncoming driver was texting and speeding. Both parties may share fault, with percentages assigned accordingly. If you were found more than 50% at fault, you will not recover at all.
Each of these examples illustrates how shared fault affects the ability to recover damages and why having experienced injury attorneys to build the evidence in your case is essential.
Why Legal Help Matters in Shared-Fault Cases
Proving liability for a shared fault car accident requires in-depth knowledge of Florida’s legal standards, traffic laws, and insurance practices. Insurance adjusters may attempt to shift more blame onto you to reduce their payout. That’s why having an experienced injury attorney on your side can make all the difference.
Your lawyer can help:
- Investigate the accident thoroughly
- Gather and present persuasive evidence
- Work with accident reconstruction experts
- Negotiate with insurance companies
- Ensure fault is fairly assigned
The comparative negligence Florida system can be complex, and even seemingly minor mistakes can cost you thousands. Don’t navigate it alone.
If you've been involved in a car accident and believe fault is being unfairly assigned to you, our experienced legal team is here to help. Contact us today for a free consultation and let us fight for the compensation you deserve.