Florida's comparative negligence law dictates that your percentage of fault in a motor vehicle accident (MVA) claim reduces the compensation you may recover. If an investigation finds you 5% responsible for the crash, your total compensation will be reduced by 5%.
An experienced auto accident lawyer helps you challenge unfair blame and works to protect the value of your claim. They have the knowledge and experience to counter these arguments and pursue the full compensation available.
Key Takeaways
- Florida’s modified comparative negligence system means you may still recover some damages even if you share some of the blame for the accident.
- If you’re found 51% or more at fault for the accident, you cannot recover any damages.
- Insurers and juries consider many factors when determining fault percentages.
- An attorney can gather evidence to dispute an unfair assignment of fault from an insurer.
Florida’s Modified Comparative Fault Rule Explained
Florida law acknowledges that one or more people can contribute to an accident. The state follows a specific legal standard to allocate financial responsibility in these situations. This standard directly influences the outcome of any shared fault accident claim in Florida.
A Recent Change in Florida Law
For many years, Florida used a pure comparative negligence system. Under that old rule, you could recover compensation even if you were 99% at fault for an accident. Your recovery would just be reduced by your 99% share of the blame.
However, a 2023 change has made the law much stricter for accident victims.
The legal landscape shifted when the state adopted a new standard. Now, victims need to pay close attention to the details of the crash and how fault is assigned.
The 51% Bar to Recovery
The updated Florida modified comparative fault rule establishes a specific cutoff point for financial recovery. The law states that you cannot recover damages if you’re more than 50% at fault for the accident.
In other words, if a court or jury finds you 51% or more responsible, your claim for compensation gets barred completely.
This makes the fight over the percentage of fault a high-stakes issue. An insurance company may try to push your share of the blame over this 50% threshold to avoid paying anything.
An Example of Reduced Compensation
The rule directly reduces your settlement based on your assigned percentage of responsibility. Imagine your total damages from a car accident, including medical bills and lost wages, amount to $100,000.
An investigation determined that the other driver was 95% at fault, but you received 5% of the blame because you were slightly speeding. Under Florida's modified comparative negligence, you would subtract your 5% of the blame from your total damages.
This means your $100,000 in damages would be reduced by $5,000, meaning you could recover a maximum of $95,000.
Assigning Percentages in a Motor Vehicle Accident Claim in Florida
Determining who is at fault, and by how much, is a detailed process that involves collecting and analyzing evidence. Insurance companies conduct their own investigations to assign blame, and their conclusions often favor their own financial interests.
A thorough and objective examination of all the facts is necessary to prove the percentage of fault. Insurance adjusters (and eventually a jury if a lawsuit is filed) review several types of evidence to create a picture of how the accident occurred.
They examine physical evidence from the scene, statements from people involved, and official reports. The specific facts of your case will form the basis for any arguments about liability.
Evidence That Establishes Fault in MVA Claims
Investigators use multiple pieces of information to reconstruct the accident and assign blame. An attorney can help you gather and preserve these items to build a strong case.
Common types of evidence include:
- Police Reports: This report contains the investigating officer’s initial impressions, diagrams, and sometimes citations.
- Photographs and Videos: Pictures of vehicle damage, skid marks, road conditions, and surveillance footage offer objective proof.
- Vehicle Damage: The location and severity of each vehicle's damage can help experts determine points of impact and angles of collision.
- Witness Statements: Independent witnesses with no stake in the outcome can provide unbiased accounts of what happened.
Florida Traffic Laws and Their Role
Florida’s traffic laws provide a framework for assigning responsibility. When one driver violates a statute, it’s often considered evidence of negligence. For example, a driver who runs a red light or makes an illegal U-turn is typically found to be primarily at fault for any resulting crash.
Other common examples of situations where fault may be shared include:
- Left-Turn Accidents: A driver turning left might be primarily at fault for failing to yield, but the other driver could share fault if they were speeding.
- Unsafe Lane Changes: Both drivers might be changing lanes at the same time and contribute to a sideswipe collision.
- Chain-Reaction Crashes: While the first driver to cause a collision is often primarily at fault, subsequent drivers may share blame if they were following too closely.
An attorney evaluates every action against the relevant state and local traffic ordinances; proving fault in Florida depends heavily on these statutes.
How Comparative Negligence Affects Different Types of Damages
After a motor vehicle accident, you may seek compensation for different losses. These are generally separated into economic and non-economic damages. Florida's modified comparative fault rule applies to both categories, reducing your total recovery across the board.
Economic damages are your measurable financial losses that result directly from the accident. You document these damages with bills, receipts, and income statements.
Examples of economic damages include:
- Medical Expenses: This covers everything from the initial ambulance ride and emergency room visit to ongoing physical therapy and future medical needs.
- Lost Wages: You may seek recovery for the income you lost while you couldn’t work due to your injuries.
- Loss of Earning Capacity: If your injuries prevent you from returning to your old job or earning the same income, you can claim these future lost earnings.
- Property Damage: This compensation covers the cost of repairing or replacing your vehicle and any other personal property damaged in the crash.
Non-economic damages compensate you for the intangible, personal losses you experience. These losses do not have a specific price tag, but they’re a very real consequence of a serious MVA.
Your percentage of fault also reduces the compensation you can receive for your pain and suffering, emotional distress, and loss of enjoyment of life.
Why Some MVA Cases Have Unique Comparative Negligence Issues
Certain types of motor vehicle accidents present unique challenges when determining fault. Accidents involving commercial trucks, multiple vehicles, or vulnerable road users can complicate applying the Florida modified comparative fault rule.
Accidents with multiple parties are one such example. In a three-car pileup, fault might be distributed among two or all three drivers. Sorting out the percentages for each involved party requires a meticulous investigation into every driver's actions.
Here are a few complex MVA scenarios:
- Commercial Truck Accidents: The trucking company, a parts manufacturer, or a cargo loader may share fault with the truck driver.
- Rideshare Accidents: Fault could lie with the Uber or Lyft driver, another motorist, or even the rideshare company in some instances.
- Motorcycle Accidents: Insurers often unfairly blame an injured motorcyclist, making it difficult to fight against a high percentage of fault.
- Pedestrian and Bicycle Accidents: Even when the pedestrian was in a crosswalk or a cyclist was in the bike lane, an insurer might argue that they were distracted and share a portion of the blame.
Each of these scenarios introduces layers of complexity that impact your claim, as multiple parties and their insurance companies may be involved in assigning blame.
How a Lawyer Helps Your Florida MVA Claim
An experienced motor vehicle accident lawyer provides the support and advocacy you need when facing a comparative negligence defense from an insurance company. They work to protect you from an unfair allocation of fault that could reduce or eliminate your compensation.
An attorney manages every aspect of your shared fault accident claim in Florida. From the moment you hire them, they become your advocate, handling all communication with insurance companies and focusing on achieving a favorable result.
Your lawyer’s role is to build the strongest possible case on your behalf. Their work allows you to focus on your physical and emotional recovery.
Conducting a Comprehensive Investigation
Attorneys don’t rely on the insurance company’s version of events or the initial police report. They conduct an independent investigation to uncover all the facts about your crash. This includes visiting the scene, gathering physical evidence, and identifying and interviewing all potential witnesses.
Working With Subject Matter Experts
Proving the percentage of fault in Florida sometimes requires technical expertise. Your lawyer may hire accident reconstruction specialists who use physics and engineering principles to demonstrate exactly how a crash occurred.
They may also work with medical experts to clearly link your injuries to the accident.
Aggressively Challenging Fault Allegations
Insurance adjusters are trained to find any reason to assign you fault. An attorney challenges baseless allegations with hard evidence and a strong knowledge of Florida law. They know the common tactics used to shift blame and how to counter them effectively.
Maximizing Your Financial Recovery
Ultimately, an attorney's goal is to protect your financial recovery. They do this by minimizing your percentage of fault while meticulously documenting all of your damages.
They present this evidence in a compelling package to the insurance company and can argue your case in court if a fair settlement isn’t on the table.
FAQ for What Is Comparative Negligence in Florida and How Does It Impact Your MVA Claim?
What Happens if the Other Driver Blames Me for the Accident?
If the other driver blames you, their insurance company may use that as a reason to investigate your actions leading up to the crash. They’ll likely look for any evidence that you were partially at fault.
You don’t have to accept their determination; an attorney can help you present your side of the story with supporting evidence.
What Types of Actions Can Reduce My Compensation Under Florida’s Comparative Negligence?
Several behaviors could lead to a finding of partial fault on your part, including speeding or other traffic violations, distracted driving (texting, adjusting the radio, eating), failing to wear a seatbelt, not using turn signals or checking blind spots, or driving with broken headlights or taillights.
How Long Do I Have To File a Car Accident Lawsuit in Florida?
Florida's statute of limitations for filing a personal injury lawsuit based on negligence was recently changed. For accidents that occurred on or after March 24, 2023, you have two years from the date of the accident to file a lawsuit.
Waiting too long to act can prevent you from ever seeking compensation in court.
Can I Still Recover Damages if I Wasn’t Wearing a Seatbelt?
You may still recover compensation if you weren’t wearing a seatbelt during the crash, but your compensation may be reduced. Florida law allows a jury to consider the failure to wear a seatbelt when calculating damages.
The defense must prove that your lack of a seatbelt contributed to your specific injuries, which can be a complex argument.
Should I Give a Recorded Statement to the Other Driver’s Insurance Company?
Don’t give a recorded statement to the other party's insurance company without first speaking to an attorney. Adjusters ask leading questions, trying to get victims to say something they can later use to assign them a higher percentage of fault.
An attorney can handle all communications with the insurer on your behalf.
Protect Your Claim and Your Rights
Dealing with the complexities of an MVA claim is difficult, especially when the insurance company is trying to blame you. Florida’s comparative negligence law can have a massive impact on your ability to pay your bills and move forward with your life.
You don’t have to accept an unfair percentage of fault that robs you of the compensation you need to recover.
Auto Injury Litigation Center is here to stand up for your rights. We push back against insurance company tactics and can build a case to protect your financial stability. For a free consultation to discuss your case, call us today at (866) 933-0623 or contact us online.