Can I Still Recover Compensation If I Was Partly at Fault for an Accident in Florida?

Partly at Fault for a Car Accident? Why This Matters

After an accident, many people worry: “What if I was partly to blame?” Maybe you were speeding slightly, or maybe you weren’t wearing a seatbelt. Under Florida law, being partly at fault doesn’t always bar you from recovering compensation — but it can reduce what you receive. Understanding how comparative negligence works is critical.

Florida’s Modified Comparative Negligence Rule

As of March 2023, Florida follows a modified comparative negligence standard. Here’s how it works:

• If you are 50% or less at fault, you can still recover damages, but your compensation is reduced by your percentage of fault.

• If you are more than 50% at fault, you are barred from recovery.

Example: If your damages are $100,000 and you were 20% at fault, you can still recover $80,000. But if you were 55% at fault, you would recover nothing.

Examples of Shared Fault

• You were rear-ended, but your brake lights weren’t working.

• You slipped in a store but were distracted on your phone.

• You were injured in a crash while not wearing a seatbelt.

In each case, you may share some fault, but that doesn’t mean you have no claim. The key is proving the other party’s greater responsibility.

Why Insurance Companies Love Shared Fault

Insurers often exaggerate or assign fault unfairly to reduce payouts. They may argue you were more than 50% responsible to avoid paying altogether. Without an attorney, you risk being taken advantage of.

How Injury Claim Attorney Can Help

A skilled personal injury lawyer will:

• Investigate the accident and gather evidence to challenge fault.

• Use experts and accident reconstruction when needed.

• Negotiate to keep your percentage of fault as low as possible.

• Fight in court if the insurer unfairly blames you.

Call Injury Claim Attorney Today

Even if you think you were partly at fault, don’t assume you’re out of options. Florida law may still allow you to recover significant compensation.

At Injury Claim Attorney, Attorney Jeralyn Clements fights insurance companies who try to blame victims and deny rightful claims.

📞 Call us today at 407-871-3777 or visit www.injuryclaimattorney.com to schedule your free consultation.