Does Comparative Negligence Have an Effect on My Claim?

Should you be involved in a Florida motor vehicle accident, one of the most important legal concepts that can affect your recovery is comparative negligence. This rule determines how much compensation you can receive if you share some responsibility for the crash.

A seasoned Port St. Lucie Personal Injury Lawyer can push back against exaggerated fault claims and negotiate a settlement that reflects the true circumstances of the crash. Understanding how comparative negligence works, and how it’s recently changed, is key to protecting your right to a full and fair settlement.

The Rule Before 2023 and the Rule Now

Comparative negligence allocates fault between all parties involved in an accident. If you are partially at fault, your compensation is reduced by your percentage of responsibility. For example, if your damages are valued at $100,000 but you’re found to be 20% at fault, you could only recover $80,000.

Until recently, Florida followed a pure comparative negligence system. Under this rule, you could recover damages even if you were 99% at fault, although your award would be reduced by your share of responsibility. This meant that even in heavily one-sided cases, injured parties could still recover something.

In March 2023, Florida lawmakers made a major change. The state shifted to a modified comparative negligence standard for most negligence cases, including motor vehicle accidents. Under the new law, you can only recover damages if you are 50% or less at fault. If you are more than 50% at fault, you cannot recover anything.

Why This Matters for Settlement Negotiations

Insurance companies know this rule change gives them more leverage. If they can argue that you were more than 50% at fault, they can avoid paying anything. This makes it even more important to have strong evidence to challenge inflated fault claims.

For example:

• Scenario 1: You are rear-ended at a stoplight but were stopped slightly past the crosswalk. The other driver’s insurer claims your position contributed 10% to the accident. Under the new rule, you could still recover 90% of your damages.
• Scenario 2: You change lanes without signaling while another driver is speeding excessively. Fault is disputed, and the insurer pushes to assign you 55% responsibility. If they succeed, you will recover nothing.

To connect with a full and fair settlement, you must present clear evidence of the other driver’s fault and minimize any assignment of blame to you. Gathering police reports, traffic camera footage, and witness statements is key. Some situations will even involve consulting accident reconstruction experts.

You don’t have to go through this process alone, there are legal professionals who have the skills and experience you need. Talk to a Port St. Lucie Personal Injury Lawyer to learn more.

How will Florida’s 2023 shift to modified comparative negligence impact you? After sustaining an accident injury in Port St. Lucie, Fort Pierce, Stuart, or Vero Beach, talk to  the attorneys at Leifer & Ramirez. Doing so can mean the difference between no recovery and the settlement you deserve. To schedule a confidential consultation, call 561-660-9421.