Accidents rarely have just one cause. In many cases, multiple people contribute to a car accident or other incident. When fault is shared, Florida courts use a legal framework called comparative negligence to determine how damages are divided. If you’ve been involved in an accident in Florida, it’s important to understand how this aspect of state law works and whether it applies to your case.
Most states, including Florida, follow a system called “modified” comparative negligence. Learn about this framework through the help of a Fort Myers car accident attorney and how it compares with “pure” comparative negligence below.
Pure Comparative Negligence Explained
Under a pure comparative negligence law, an injured person can recover damages even if they are primarily at fault. Their recovery is simply reduced by their percentage of responsibility.
For example, imagine a driver is speeding through an intersection while another fails to yield. If a jury finds you 70% at fault for the crash, you could still recover 30% of your damages under the pure comparative negligence model.
For decades, Florida used this system. It allowed victims to pursue compensation no matter how high their share of fault, as long as someone else contributed to the accident. While that was seen as fair to plaintiffs, critics argued it could lead to unfair results where highly negligent parties still received payment.
Florida’s Current Modified Comparative Negligence Rule
In March 2023, Florida lawmakers enacted a modified comparative negligence standard. Under this approach, an injured person can only recover damages if they are 50% or less at fault. If you are found 51% or more responsible, you are barred from recovering compensation.
This means the outcome can look very different compared to the old rule. Suppose you were found 60% at fault in a trucking accident. Under the pure system, you could still recover 40% of your damages. Under today’s modified system, you would recover nothing — in this case you should reach out to our Fort Myers truck accident attorneys.
The modified rule still reduces damages in proportion to fault for those under the 50% threshold. So if you’re 25% at fault in a Fort Myers car accident, you could recover 75% of your total losses.
Protecting Your Rights After an Accident
It’s important to point out that Florida has “no-fault” auto insurance rules. After a crash, you can generally turn to your personal injury protection (PIP) insurance policy regardless of who caused the accident. However, PIP might not be enough to cover your losses, in which case you may be able to file a lawsuit against the responsible party.
It is in these cases only (where you can file a claim against the at-fault driver) that Florida’s modified comparative negligence law will come into play; it will not apply to claims against your PIP coverage.
Contact a Florida Accident Lawyer for Help Filing a Claim
Florida’s change from pure to modified comparative negligence has made fault more important than ever in personal injury cases. If you were injured in an accident, don’t let insurance companies unfairly assign you the majority of the blame.
Contact a knowledgeable Florida personal injury lawyer with Garvin Injury Law today who can explain your options and fight for the compensation you need. We have 50+ years of experience and have won millions of dollars for our deserving clients to date. We also work on contingency, meaning we only get paid if you do.