After an accident in Florida, it is natural to feel self-reproach. However, this psychological response is quite distinct from legal accountability. Florida statutes assess the conduct of every party involved to assign responsibility. Even if you committed an error, the other party may bear greater legal culpability. Florida employs a modified comparative negligence system, which permits accident victims to pursue compensation even if they hold some liability, as long as their degree of fault does not pass a specific limit. Our skilled Bradenton Personal Injury Lawyers at Becker & Lindauer, LLC, are prepared to advocate for the financial recovery you deserve and need.
What Happens If I Was Partly at Fault for an Accident in Florida?
Before 2023, Florida employed pure comparative fault, a system that allowed claimants to recover damages even if they bore up to 99% of the blame for an accident, with the award being proportionally reduced. This system was, however, abandoned with the enactment of House Bill 837 in March 2023. Florida now employs modified comparative negligence, which includes a 51% limitation on recovery:
- If your degree of fault is 50% or less, you can still collect comepnsationf or your damages, but your award will be reduced in accordance with your assigned percentage of responsibility.
- If your degree of fault is 51% or higher, you are generally prohibited from seeking any compensation from the other responsible party.
This mere single-percent difference (falling at 50% versus 51%) can separate a significant financial recovery from total loss of all damages, which is why insurers aggressively try to establish shared liability for an accident.
How Do Insurance Companies Use Partial Fault to Minimize Your Payout?
Generally, insurance companies will try various tactics to maximize the portion of blame placed on you to minimize the compensation they pay. If they manage to assign you more than 50% of fault for the accident, they will assert that they owe you zero for resulting damages.
While claim adjusters may present a pleasant demeanor, they are trained to phrase questions in ways that make you appear negligent. Retaining a Bradenton personal injury lawyer early on enables them to manage all communication and negotiations, preventing you from inadvertently assisting them in building a strong case against you.
Shortly after an accident, you should look out for a call from the insurance company requesting a recorded statement. They are looking for you to slip up and say something they can twist and use later to argue you share fault. You should refuse to provide a recorded statement until you have consulted a lawyer.
If you have been injured in an accident and believe you may share some of the blame, consult with a seasoned attorney at Becker & Lindauer, LLC. Our legal team will safeguard your rights, dispute unwarranted fault, and fight for the compensation necessary to move forward with your life.
