Florida’s comparative fault system changed from pure to modified comparative fault in 2023. Under pure comparative fault, an injured driver could recover damages for any percentage of fault that was not attributed to them (e.g., if 60% of the fault was yours, you could still recover 40% of the damages). Under modified comparative fault, you can recover damages as long as less than 51 percent of the fault was attributed to you.
If more than half of the liability is yours, you cannot recover any damages at all, so understanding Florida’s comparative fault system in car accident cases is vital. Our Florida car accident lawyers can explain more about how you can get the compensation you need.
How Damages Are Affected by Comparative Fault in Florida Car Accidents
Florida Statutes § 768.81 describes how is fault determined in a car accident. A degree of fault is attributed to each driver (or other at-fault party) in percentage points from 0 to 100. An example:
- Another driver ran a red light and rear-ended you, but you did not have your lights on, making your car difficult to see.
- If 80 percent of the liability is the other driver’s and 20 percent is yours, you can recover 80 percent of your losses (e.g., $200,000 of a $250,000 settlement).
- If, however, you were deemed more than half (51 percent or more) at fault, you cannot recover any damages at all. In that case, the accident’s entire financial burden will fall to you.
Florida Highway Safety and Motor Vehicles (FLHSMV) reports that there were over 164,000 injury crashes in the state in 2023. These accidents occurred in a wide variety of ways, and no two cases are alike, so accurately assessing fault requires a thorough investigation into the role of each driver in the accident.
Types of Damages You Can Recover for a Car Accident in Florida
Assessing your financial recovery after a car accident often starts with your medical expenses and property damage. Your medical bills include emergency care, hospitalization, rehab, therapy, and medications. Additional damages include:
- Disfigurement or disability
- Physical pain and suffering
- Mental and emotional trauma
- Loss of enjoyment of life
- Past and future lost wages
- Lost future earning ability
- Car damage or destruction
- Diminished vehicle value
- Wrongful death damages, if applicable
Many of your immediate damages could be covered by the personal injury protection (PIP) coverage of your own insurance policy. Our car crash lawyers can help you prove your injuries meet the serious injury threshold of Florida car accident liability rules that allow you to seek additional damages.
Understanding How Is Fault Determined in a Car Accident in Florida
Florida is a no-fault state, so in most cases, each driver’s insurance company will cover their post-accident expenses and losses through the PIP process. To seek additional damages, you must prove the severity of your injuries with medical records and bills.
Proving negligence under the Florida comparative fault system means you have to establish the legally required elements of negligence, which include:
- Duty: Drivers owe others on the road a duty of reasonable care
- Breach: One or more drivers’ actions breached their duty of care
- Causation: There is a correlation between actions and accident
- Damages: The accident had negative financial consequences
Evidence That Supports Florida Car Accident Liability Rules
A robust collection of evidence can prove negligence for you. If you are represented by our attorneys, we will collect evidence for you so you can focus on getting better.
Understanding the accident and how it happened is critical in cases when you are alleged to have contributed to its cause. A thorough investigation can substantiate your version of events and help you fight for financial recovery. A compelling case file can include:
- Car accident reports
- Notes and diagrams
- Accident reconstruction
- Accident scene photos
- Traffic cam footage
- Eyewitness testimony
- Vehicle inspection records
- Medical records and bills
- Employment and salary history
- Car repair or replacement estimates
Other Evidence Our Auto Accident Lawyers Can Look For
Additional evidence that can benefit your case includes copies of both drivers’ insurance policies, which helps us understand available coverage options. If applicable, copies of any correspondence between you and either insurer could also be helpful.
The Benefits of Working With Our Florida Car Accident Attorney
To prepare your insurance claim or lawsuit, our legal team can handle all verbal, written, and electronic communication. Dealing with the insurance company also means we can:
- Assess your financial recovery
- Document the other driver’s actions
- Conduct a private investigation
- Canvass for photos and video footage
- Manage all forms, filings, and paperwork
- Respond to your phone calls and emails
- Provide ongoing updates on your case
We can also represent you at the negotiation table, measuring the pros and cons of each settlement offer you receive and fighting hard for the right financial outcome for you. Understanding Florida’s comparative fault system in car accident cases is much simpler with our assistance.
The Statute of Limitations for Florida Car Accident Cases
Like the Florida comparative fault system, the state’s statute of limitations also underwent a change. As of 2024, according to Florida Statutes § 95.11, you have two years to file your personal injury or wrongful death lawsuit. If the filing deadline expires:
- The court may prohibit you from filing your lawsuit at all
- Your lawsuit will likely be dismissed without its merits being heard
- The insurance company could refuse any further negotiations
The filing deadline can fluctuate based on multiple factors, which can make compliance challenging. It is still mandatory, so the best way to file your lawsuit on time is to let our personal injury attorneys handle it for you.
Get Help Navigating Florida’s Comparative Fault System After a Car Accident
If you or someone you love was injured in a recent car accident, you could be entitled to compensation, even if your action partially contributed to the crash. With our assistance, you should have no trouble understanding Florida’s comparative fault system in car accident cases.+
Our caring and attentive staff is passionate about recovering damages for victims of negligence. Call (954) 633-8270 to contact one of the Law Offices of Wolf & Pravato’s consultation team members today.
