Being partly responsible for a Florida car accident does not always mean you have no claim. Florida uses a modified comparative-fault system for negligence cases. Your percentage of responsibility can reduce your compensation, and being found more than 50% responsible can prevent recovery altogether.
That makes disputed-fault cases especially important to investigate carefully.
At our firm, we do not assume that an insurance company’s initial description of fault tells the entire story. We look at the evidence and the actions of everyone involved.
Key Takeaways
- Florida allows fault to be divided between multiple parties.
- Compensation is generally reduced according to your percentage of fault.
- A person found more than 50% responsible for their own harm generally cannot recover damages in an applicable negligence action.
- Photos, witness accounts, video, vehicle damage, and other evidence can affect how fault is evaluated.
- A car accident lawyer can challenge an unsupported or exaggerated allocation of responsibility.
How Does Comparative Fault Work in Florida?
Florida Statute §768.81 states that damages in a negligence case are reduced according to the claimant’s percentage of fault. It also provides that a party found greater than 50% at fault for their own harm may not recover damages in an applicable negligence action.
Consider a simplified example.
Assume your proven damages total $100,000 and you are found 20% responsible for the collision. Your recovery could be reduced by 20%, leaving $80,000.
If you were found 60% responsible, Florida’s modified comparative-fault rule could prevent recovery in that negligence action.
Real cases are usually more complicated than the math. The difficult part is determining a fair percentage of fault.
What If Both Drivers Made Mistakes?
That is exactly where comparative fault becomes important.
Maybe another driver changed lanes without enough room, but the insurer argues you were traveling too fast. Perhaps a driver turned left across your path, while claiming you were distracted and could have avoided the collision.
Both allegations may need evidence.
Useful evidence can include photographs of the scene, vehicle damage, roadway markings, witness statements, nearby surveillance footage, dash-camera recordings, electronic vehicle information, and medical records showing how the impact occurred.
The fact that another party claims you were partly responsible does not make the allegation automatically correct.
What Does a Car Accident Lawyer Do in a Fault Dispute?
A car accident lawyer can investigate how the collision happened rather than accepting a percentage assigned during an early insurance review.
That may involve comparing statements, locating witnesses, obtaining crash-related records, preserving video, reviewing photographs, and examining whether the physical evidence matches each driver’s version of events.
This becomes especially important near the 50% threshold. A meaningful change in the allocation of fault can have a major effect on whether and how much compensation may be available under Florida law.
Does Florida PIP Still Matter If I Was Partly at Fault?
Florida’s Personal Injury Protection system operates differently from a liability claim.
Florida law requires qualifying motor vehicle policies to provide PIP benefits to specified insured people and occupants, subject to the statute’s limits, requirements, and exclusions.
That means the questions “Who pays certain PIP benefits?” and “Who is legally responsible for the crash?” should not automatically be treated as the same issue.
A car accident may involve your own PIP coverage, another driver’s liability coverage, and potentially other insurance depending on the facts.
Do You Have Unlimited Time to Dispute Fault?
No.
Florida generally provides a two-year limitations period for negligence actions.
Waiting can also make a fault dispute harder even before the formal deadline expires. Videos can disappear, witnesses can forget details, and vehicles may be repaired or disposed of.
Preserving evidence early can therefore matter.
FAQ
Can I recover if I am exactly 50% at fault?
Florida’s statute bars recovery when a person is greater than 50% at fault in an applicable negligence action. A person assessed at 50% is not barred by that specific provision, although compensation would generally be reduced according to the assigned fault.
What if the insurance company says the crash was my fault?
An insurer’s position may be disputed. The available evidence should be evaluated before deciding whether the proposed fault allocation is supported.
Speak With a Florida Car Accident Lawyer
Attorney Kevin L. Sullivan II handles car accident cases and represents clients throughout Florida. His website states that he has represented more than 1,000 accident victims and offers free consultations with no upfront attorney fee.
This post was written by a professional at LeavenLaw. Attorney Kevin L. Sullivan II is your zephyrhills truck accident lawyer 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.