When a car accident happens, figuring out who is at fault is not always simple. In many cases, both drivers may share some responsibility. Florida follows a system called comparative negligence, which plays a major role in how damages are awarded in personal injury and car accident claims.
Under Florida comparative negligence law, each party’s percentage of fault is determined, and that percentage reduces the compensation they can recover. This means if you were partially at fault in a car crash, you may still be able to recover damages, but the amount will be adjusted based on your share of responsibility.
For example, if a driver is found to be 30% at fault for speeding and the other driver is 70% at fault for running a red light, the injured driver’s compensation will be reduced by 30%. This legal framework makes understanding comparative negligence in Florida very important for anyone involved in a car accident.
Contributory Negligence in Florida: The 2023 Law Change
Florida law on negligence changed in March 2023 with the passing of House Bill 837. Before this update, Florida followed a pure comparative negligence rule, meaning accident victims could recover compensation even if they were mostly at fault—up to 99%.
With the new rule, Florida now uses a modified comparative negligence system. Here’s what that means:
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Claimants can only seek compensation if they are no more than 50% at fault for the accident.
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If you are 51% or more responsible, you cannot recover damages from the other party.
This change makes it more important than ever for accident victims to gather strong evidence and legal support. Even a small shift in fault percentage could determine whether you can recover compensation at all.
How Comparative Negligence Impacts Florida Car Accident Claims
Car accidents in Florida often involve complex situations where more than one driver contributes to the crash. Because of the comparative negligence Florida rules, your case may not be as straightforward as proving the other driver was careless. Working with an experienced Fort Lauderdale personal injury lawyer can help you navigate these complexities and ensure your side of the story is fully represented.
- Example 1: Rear-End Collision
Imagine you are stopped at a red light, and another driver hits you from behind. Normally, the rear driver is considered at fault. However, if your brake lights were not working, you might also carry some responsibility. In this case, a jury might decide you were 20% at fault and the other driver was 80% at fault. If your damages totaled $50,000, you would receive $40,000 after the 20% reduction.
- Example 2: Intersection Accident
Consider another scenario where one driver runs a stop sign, but the other driver was speeding through the intersection. Both drivers share fault, maybe one is found 60% at fault and the other 40%. Each party’s recovery is reduced according to their share of negligence.
The Impact on Settlements and Lawsuits
Insurance companies in Florida are very aware of comparative negligence in Florida. They often try to argue that the injured driver was partly to blame to reduce how much they have to pay. This can affect both settlement negotiations and court decisions.
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If you are assigned a higher percentage of fault, your compensation goes down.
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If your fault is equal to or greater than the other driver’s, it can seriously limit or even block your recovery.
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Even small percentages of fault can result in thousands of dollars lost in a claim.
Statistics and Real-World Impact
According to Florida Highway Safety and Motor Vehicles (FLHSMV), there were over 380,000 car crashes reported statewide in 2022. In many of these cases, responsibility was divided among multiple drivers. This shows how often comparative negligence in Florida comes into play, especially in high-traffic areas like Fort Lauderdale, Miami, and across Broward County.
The Role of Evidence in Florida Comparative Negligence
Evidence is one of the most important factors in determining fault percentages in a car accident. Strong evidence can reduce the amount of blame placed on you and increase your compensation.
Some key types of evidence used in comparative negligence Florida cases include:
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Police Reports: Official accident reports often contain details about traffic violations, witness statements, and officer observations.
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Photos and Videos: Pictures of vehicle damage, skid marks, road conditions, and traffic signals can help show what really happened.
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Witness Testimonies: Neutral third-party witnesses can confirm which driver acted negligently.
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Medical Records: Documentation of injuries and treatment connects the accident to your damages.
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Surveillance or Dashcam Footage: Video can provide clear, unbiased proof of how the crash occurred.
In disputes over comparative negligence in Florida, insurance companies will try to use evidence against you to increase your share of fault. Having solid documentation and legal support ensures your side of the story is fully represented.
Don’t Let Comparative Negligence Limit Your Recovery – Call Us!
Understanding comparative negligence in Florida is critical if you’ve been injured in a crash. Insurance companies will often try to shift the blame onto you to pay less. Having an experienced Fort Lauderdale car accident attorney by your side can make all the difference in protecting your rights and maximizing your compensation.
The Law Offices of Wolf & Pravato has been helping accident victims throughout Florida for years. If you were hurt in a car accident, don’t wait, call us today at (954) 633-8270 for a free consultation.
Frequently Asked Questions:
How does insurance use comparative negligence in Florida car accidents?
Insurance companies often try to assign higher percentages of fault to injured drivers to reduce payouts. For example, if they argue you were speeding or distracted, they may claim you share some responsibility. Having evidence, such as police reports, witness statements, or dashcam footage, helps protect you from unfair blame.
How is fault percentage determined in a Florida car accident?
Fault is usually decided based on evidence such as police reports, witness statements, accident reconstruction, photos, and video footage. Insurance adjusters or a jury will review this evidence to assign percentages of blame.
Does comparative negligence apply to passengers in car accidents?
Yes. Passengers can also be assigned fault if their actions contributed to the accident—for example, distracting the driver. However, most passengers are usually found to have little or no responsibility.
What if my accident involved an uninsured driver?
Comparative negligence still applies. However, recovering compensation may be more difficult. You may need to rely on your own uninsured/underinsured motorist coverage, which can still be reduced if you’re partly at fault.
Can comparative negligence be negotiated during settlement?
Yes. Insurance adjusters often argue percentages of fault during negotiations. This is why having a personal injury lawyer on your side is critical; they can push back and make sure your percentage of blame is as low as possible.