Being partly responsible for a Florida car accident does not necessarily eliminate your ability to pursue compensation. Florida follows a modified comparative fault system, which can reduce compensation according to your percentage of responsibility.

Under Florida Statute §768.81, a person found more than 50% at fault for their own harm generally cannot recover damages in a negligence action covered by the statute.

Key Takeaways

  • Being partly at fault does not automatically prevent you from recovering compensation.
  • Your damages can be reduced according to your percentage of responsibility.
  • A person found more than 50% responsible generally cannot recover damages under Florida’s modified comparative fault rule.
  • Evidence can become crucial when drivers or insurers disagree about who caused the collision.
  • A car accident attorney can evaluate fault allegations and the evidence supporting your claim.

How Does Comparative Fault Work?

Consider a simple example.

Suppose your recoverable damages are determined to be $100,000, but you are found 20% responsible for the accident. Under Florida’s comparative fault rules, the amount awarded would generally be reduced by your 20% share of fault, subject to other issues affecting the case.

The example illustrates how comparative fault works and does not predict the value of any individual claim.

Why Is Evidence of Fault Important?

Drivers and insurance companies may have very different versions of how an accident occurred.

Photos of the scene, vehicle damage, available video, witness information, police documentation, and other evidence may help establish what happened. Preserving useful evidence early can become particularly important when another party claims you were responsible.

Kevin L. Sullivan II represents accident victims throughout Florida and handles car accident matters involving questions of liability and insurance compensation.

Frequently Asked Questions

Can I recover damages if I was 10% at fault?

Potentially. Florida law generally reduces damages proportionately based on the claimant’s share of fault.

What happens if I am exactly 50% responsible?

The statute bars recovery when a party is greater than 50% at fault, rather than exactly 50%. Other facts and legal issues may still affect the claim.

Who determines fault after an accident?

Fault may be disputed by the parties and insurers and, if litigation proceeds, may ultimately be determined through the legal process based on available evidence.

If fault is being disputed after your crash, contact Attorney Kevin L. Sullivan II for a free consultation about your case.

This post was written by a professional at LeavenLaw. Attorney Kevin L. Sullivan II is your car accident lawyer belleair shore fl and an experienced personal attorney near you for LeavenLaw. is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.