Accidents are an unfortunate reality on Florida roads, with approximately 1,095 occurring each day. In many cases, more than one party may bear some responsibility for the incident.

The level of fault may vary, but as a personal injury attorney in Port Charlotte can explain, being partially at fault for an accident does not automatically prevent you from seeking compensation from another party. This is due to the concept of comparative fault in Florida.

Understanding Comparative Fault in Florida

Comparative fault, also known as comparative negligence, is a legal principle that can influence the amount of compensation an injured party can recover in a negligence-based lawsuit. It considers how much the plaintiff’s own actions contributed to the injury.

For instance, if Driver A runs a red light and collides with Driver B, who was speeding, Driver B could still have a valid claim against Driver A. In such a case, a jury might determine that Driver A was 80% at fault, while Driver B was 20% responsible due to speeding. If the total damages amount to $100,000, Driver B’s compensation would be reduced by 20%, leaving them eligible to recover $80,000.

Changes to Florida’s Comparative Fault Law

Since 1973, Florida operated under a pure comparative fault system, allowing injured parties to pursue claims even if they were 99% at fault. However, significant changes were made to Florida’s comparative fault law in March 2023. Now, under F.S. 768.81, if you are found to be 51% or more responsible for your injuries, you cannot recover any damages. However, if your fault is determined to be 50% or less, you can still recover damages proportionate to the other party’s fault.

The Implications of Modified Comparative Fault

While Florida’s shift to a “modified comparative fault with a 51% bar” is significant, it’s important to note that the state is still more lenient than others where any degree of fault might eliminate the possibility of recovering damages. However, under the new law, if a court finds you more than 50% responsible, you risk losing your case entirely.

Why You Shouldn’t Assume Fault

If you’ve been involved in an accident, it’s crucial not to assume that you will be found comparatively negligent. Before reaching any conclusions, consult with a personal injury lawyer in Port Charlotte. The court may interpret the events differently than you do, and accident reconstructions may reveal details that could shift the determination of fault.

This is also why it’s advisable not to apologize at the scene of an accident, as your words could be misinterpreted as an admission of fault.

How FGB Law Can Help

If you’ve been injured in a car accident in Port Charlotte, our personal injury lawyers at FGB Law are here to evaluate your case, determine if you have a viable claim, and guide you through the legal process.

Contact FGB Law at 941-979-9010. Serving Port Charlotte and surrounding areas.