The moments after an accident can feel overwhelming. As medical bills pile up and you struggle to recover, you may wonder if you can still pursue compensation for your injuries if you were partially at fault for causing the accident. At DeLoach, Hofstra & Cavonis, we understand these concerns all too well. Our Florida personal injury lawyers help accident victims throughout the state understand how comparative negligence affects their right to fair compensation.
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How Florida's Comparative Negligence Law Works in Practice
Since March 2023, Florida has followed a modified comparative negligence system under Florida Statute §768.81. Under this law, you can only recover compensation if you were 50 percent or less at fault for the accident. This marks a significant change from Florida's previous pure comparative negligence system for personal injury cases. Under that law, victims were allowed to seek recovery of damages regardless of the fault percentage.
Understanding comparative negligence can be challenging, especially when multiple parties share responsibility. Insurance companies often use this complexity to their advantage, which makes it especially crucial to understand how fault affects your legal right to fair compensation.
Understanding the 50% Rule
If you are found to be 51% or more at fault for an accident, you cannot recover any compensation from the other parties involved.
Insurance companies typically try to shift blame to the victim by questioning their actions, disputing evidence, or claiming preexisting conditions. They may hire accident reconstruction experts or use surveillance footage to support their position. This underscores the importance of having skilled legal representation to defend against claims for which you were partially responsible.
Calculating Reduced Compensation
When you are partially at fault but below the 50% threshold, your compensation will be reduced by your percentage of fault.
Insurance adjusters analyze police reports, witness statements, medical records, and other evidence to assign fault percentages. For example, if you have $100,000 in damages but were 30% at fault, you could recover up to $70,000. Our Florida injury firm works with expert witnesses and investigators to ensure fault percentages accurately reflect the circumstances of your accident.
Common Scenarios Where Comparative Negligence Applies
Personal injury cases rarely involve clear-cut liability. Here are some common situations where multiple parties may share responsibility for an accident and the injuries that resulted.
Car Accident Claims
A driver who was speeding when another vehicle ran a red light may be found partially at fault, but can still recover damages if their fault was 50 or less%.
For instance, say you were driving 10 mph over the speed limit. Meanwhile, someone was texting while driving, and they hit your vehicle. You might be assigned 20% fault in this case, while the distracted driver may bear 80% of the responsibility. If your damages totaled $200,000, you could still recover $160,000.
Slip and Fall Cases
A store customer distracted by their phone when they tripped on an unmarked hazard might share some fault while still having a valid slip and fall claim against the property owner.
For example, if you were browsing the store flyer on your phone while walking through a supermarket and fell on a spill that had been reported but not cleaned up for over an hour, you might be 40% at fault. With medical bills and lost wages totaling $50,000, you could recover $30,000.
Bicycle Accident Claims
A cyclist riding at night without proper lights who is hit by a drunk driver may be assigned partial fault but can still pursue compensation. The cyclist might be deemed 25% at fault for not having adequate lighting, while the impaired driver bears 75% responsibility for swerving into the bike lane. On damages of $150,000, the cyclist could recover $112,500.
Using Evidence to Counter Common Defense Tactics
Insurance companies often try to shift blame to injury victims to reduce or deny claims. Our Florida injury lawyers use proven strategies to document fault and protect your right to fair compensation. Don't let concerns about comparative negligence stop you from pursuing the compensation you deserve.
Disputing Pre-Existing Conditions
When insurers claim your injuries existed before the accident, we use detailed medical records and expert testimony to show how the accident caused new injuries or worsened existing conditions.
Challenging Injury Severity
If the defense minimizes your injuries, we document their impact through medical evidence, testimony from treating physicians, and documentation of how the injuries affect your daily life.
Alleging Comparative Negligence
When insurance companies try to increase your percentage of fault, we use accident reconstruction, expert analysis, and witness testimony to show how the other party's negligence primarily caused your injuries.
