How Shared Fault Impacts Your Injury Claim in Florida

Car accidents raise a lot of questions, especially when more than one driver is to blame. You might know you were partly at fault for a crash, but does that mean you lose your right to compensation entirely? The answer is no, but it can impact how much you recover.

Florida follows what’s called the Comparative Negligence Rule, and understanding how it works can make a big difference in your claim. A skilled Port St. Lucie Personal Injury Lawyer can investigate your case, challenge unfair fault assessments, and fight to maximize your recovery.

What Comparative Negligence Looks Like in Real Life

In March 2023, Florida made a significant change to its negligence laws. The state now follows a modified comparative negligence system. So, if you are 50% or less at fault, you can still recover compensation, but your award will be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover anything. This is a major shift from Florida’s previous rule which allowed people to recover damages even if they were 99% at fault.

Let’s say you’re involved in a collision on Glades Road in Boca Raton. A jury finds that your damages total $100,000. If you were 20% responsible, maybe because you were slightly speeding, your award would be reduced by 20%. Instead of $100,000, you’d receive $80,000. But if the evidence showed you were 55% at fault, you’d recover nothing under Florida’s current law.

Accidents are rarely black and white. Insurance companies know this and often try to push more blame onto injured drivers to reduce payouts. Even if you were only partially responsible, an adjuster may argue your share of fault was greater than 50%. That’s why understanding this law and having strong legal representation is so important.

Common Situations Where Fault is Shared

Shared responsibility can come into play in many different scenarios, such as:

• A rear-end collision where the front driver’s brake lights weren’t working.
• An intersection crash where both drivers claim they had the green light.
• A sideswipe accident where one driver drifted lanes, but the other was texting.

In each case, both parties may bear some responsibility, and how that percentage is determined will directly affect the amount of compensation available. In short, the law doesn’t punish you for being less than perfect, but it does limit recovery if you were mostly at fault.

If you were recently hurt in a Florida crash, don’t let questions of shared fault stop you from seeking help. Contact a Port St. Lucie Personal Injury Lawyer who has the skills to protect your rights. Even if you share some responsibility, you may still be entitled to significant compensation.

Could you be held primarily responsible for a collision? Share the specifics of your Port St. Lucie, Fort Pierce, Stuart, or Vero Beach accident case with the attorneys at Leifer & Ramirez. The key is ensuring your percentage of fault is accurately represented and not exaggerated by the insurance company. Call 561-660-9421 to schedule a confidential consultation.