Many people assume that if they were partly responsible for an accident, they cannot recover compensation. Fortunately, that is not always true. Under Florida law, you may still be entitled to compensation even if you share some of the blame. However, the amount you recover—and whether you can recover anything at all—depends on your percentage of fault.

Here's what you need to know.

Florida Uses a Modified Comparative Negligence Rule

In March 2023, Florida changed its personal injury laws from a pure comparative negligence system to a modified comparative negligence system.

Under the current law:

• If you are 50% or less at fault, you may still recover compensation, but your award will be reduced by your percentage of fault.

• If you are 51% or more at fault, you are generally barred from recovering damages in most negligence cases.

Because of this change, proving who was responsible for the accident has become more important than ever.

How Does Comparative Negligence Affect Your Compensation?

Your compensation is reduced based on your share of the blame.

For example, if your total damages are valued at $200,000 but you are found to be 10% at fault, your compensation would be reduced by 10%. Instead of receiving $200,000, you would recover $180,000.

However, if you are found to be 51% at fault, you may not recover any compensation under Florida's modified comparative negligence law.

Even a small difference in the percentage of fault can significantly affect your case.

How Is Fault Determined?

Insurance companies, attorneys, and sometimes a jury examine all available evidence to determine who was responsible for an accident. Their goal is to assign a percentage of fault to each party involved.

Some of the evidence commonly used includes:

• Police or accident reports

• Photos and videos from the accident scene

• Witness statements

• Traffic or security camera footage

• Vehicle damage and physical evidence

• Electronic data, such as information from a vehicle's black box

In more complicated cases, expert witnesses may also be involved. Medical professionals can explain how the accident caused your injuries, while accident reconstruction experts or engineers may analyze how the collision occurred.

Strong evidence can make a significant difference in reducing claims that you were responsible for the accident.

Common Situations Where Shared Fault Happens

Comparative negligence can apply to many different types of personal injury cases.

Car Accidents

An insurance company may argue that you were speeding, distracted, or failed to react quickly enough, even if another driver caused the crash.

Slip and Fall Accidents

A property owner may claim you were not paying attention, ignored warning signs, or entered an area that was closed to visitors.

Bicycle and Pedestrian Accidents

Drivers may argue that a cyclist failed to use a bike lane or that a pedestrian crossed outside a marked crosswalk, contributing to the accident.

These arguments are often raised to reduce the amount the insurance company has to pay.

Why Legal Representation Matters

After an accident, insurance companies may try to place as much blame on you as possible. The higher your percentage of fault, the less they may have to pay—and if they can argue that you were 51% or more at fault, they may deny your claim altogether.

An experienced Florida personal injury attorney can investigate the accident, gather evidence, interview witnesses, and work with experts when necessary to present the strongest possible case. The goal is to accurately establish liability and protect your right to recover compensation.

Contact Askew & Associates, P.A.

If you've been injured in an accident and are worried that you may have been partly at fault, don't assume you don't have a case. Every accident is different, and the facts matter.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.