Loune-Djenia Askew, Esq
Jun 20, 2025
Getting into a car accident is stressful, especially if you think you might be partly responsible. But here's a good news...
Getting into a car accident is stressful, especially if you think you might be partly responsible. The good news? You may still be able to recover compensation—but there are important limits.
Florida’s Modified Comparative Negligence Rule
As of March 2023, Florida follows a modified comparative negligence system. If you are found 50% or less at fault, you can still recover damages—but your compensation will be reduced based on your share of the blame.
However, if you are found more than 50% at fault, you cannot recover any compensation.
Example:
If you are 30% at fault and your damages total $50,000, you may still receive $35,000. But if you’re 51% at fault, you get nothing.
How Is Fault Proven?
Proving fault involves showing that:
The other driver had a legal duty to drive safely.
They failed that duty (e.g., by speeding or ignoring traffic signals).
You were injured.
You suffered damages like medical bills or lost income.
To support your claim, your lawyer may use:
Traffic citations
Police reports
Photos, dashcam videos
Eyewitness statements
Accident reconstruction reports
Don’t Let the Insurance Company Decide for You
Insurance companies may try to blame you to reduce what they owe. But their word isn’t final. If you’re being unfairly blamed, a personal injury attorney can fight back, present evidence, and—if needed—take your case to court.
Get Legal Help Early
Even if you think you're partly to blame, don’t give up. Talk to an experienced lawyer who can explain your rights, gather evidence, and help you seek the compensation you deserve—as long as you’re not more than 50% at fault.
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.