Being partly responsible for an accident does not always mean you lose the right to pursue compensation in Florida. However, the percentage of fault assigned to you can have a major effect on what you are able to recover.
At our Florida personal injury practice, we regularly see accidents where responsibility is disputed. One driver says the other was speeding. A property owner argues that an injured visitor should have seen a hazard. An insurance company may try to shift part-or most-of the blame onto the person making the claim.
Florida’s comparative fault rules make those arguments important.
How Does Comparative Fault Work in Florida?
Florida currently follows a modified comparative fault system for many negligence cases.
Under Florida Statute §768.81, compensation generally decreases according to the injured person’s percentage of responsibility. More importantly, a person found more than 50% at fault for their own harm generally cannot recover damages in a negligence action covered by the statute. Medical negligence claims are specifically excluded from that greater-than-50% rule.
Consider a simple example.
Suppose your total recoverable damages are determined to be $100,000 and you are found 20% responsible for the accident. Your recovery could potentially be reduced by that 20%, leaving $80,000.
If you were found 50% responsible, the proportional reduction could leave $50,000. But if your share of fault exceeds 50% in a negligence action where the rule applies, Florida law may prevent recovery altogether.
Real cases are rarely this clean, which is why evidence matters.
Who Decides the Percentage of Fault?
Fault can become one of the most contested parts of a personal injury claim.
Insurance companies may examine photographs, video footage, witness accounts, crash reports, vehicle damage, medical records, expert opinions, and statements made after the accident. Each side may have a different interpretation of what happened.
That means you should not automatically accept an insurance adjuster’s statement that you were partly responsible.
An insurer’s initial fault assessment is not necessarily the final legal determination.
We investigate the facts surrounding an accident before reaching conclusions about responsibility. Depending on the case, that can mean reviewing available footage, talking with witnesses, examining physical evidence, or working with appropriate experts.
What If More Than Two People Caused the Accident?
Some personal injury cases involve several potentially responsible parties.
Florida law allows fault to be allocated among parties based on their percentage of responsibility. The statute also provides procedures through which defendants may attempt to allocate fault to certain nonparties.
This can matter in accidents involving commercial vehicles, multiple cars, businesses, property owners, contractors, employers, or other parties.
For example, a multi-vehicle collision might involve separate questions about the actions of several drivers. A premises liability case could involve both a property owner and another company responsible for maintaining part of the property.
Identifying every potentially responsible party is therefore an important part of evaluating a claim.
Be Careful About Admitting Fault Too Quickly
Immediately after an accident, you may not know everything that contributed to it.
You may not have seen another vehicle approaching from a different direction. You may not know that surveillance footage exists. You may be unaware of a hazardous condition that a business knew about before you were injured.
For that reason, we recommend sticking to the facts rather than guessing about who was responsible.
Statements made after an accident may later become part of an insurance investigation or legal dispute.
Talk With a Florida Personal Injury Attorney About Fault
Being accused of contributing to an accident does not automatically end a personal injury claim.
The facts, evidence, applicable law, and percentage of responsibility all matter.
At our firm, we represent accident victims throughout Florida and offer free, no-obligation consultations. Attorney Kevin L. Sullivan II also works on a contingency-fee basis, meaning attorney’s fees are charged only if there is a recovery.
If an insurance company is blaming you for an accident, we can review what happened, evaluate the available evidence, and explain how Florida’s comparative fault rules may apply to your situation.
This article is for general information and is not legal advice.
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.
