When you’re involved in a car accident in Florida, determining who is at fault isn’t always straightforward. Florida follows a comparative fault rule, meaning multiple parties can share responsibility for an accident. Here’s how it works and what it means for your claim.
What is Comparative Fault?
Comparative fault, also known as comparative negligence, allows each party involved in an accident to be assigned a percentage of fault. Even if you are partially responsible for the accident, you can still recover damages. However, your compensation will be reduced based on your percentage of fault.
Example of Comparative Fault
Imagine you were driving slightly above the speed limit when another driver ran a red light and hit your vehicle. The court may determine that the other driver is 80% at fault, but you are 20% at fault for speeding. If your total damages amount to $10,000, your compensation will be reduced by 20%, leaving you with $8,000.
Florida’s Modified Comparative Fault Rule
Since March 24, 2023, Florida has followed a modified comparative fault rule. Under this new law, if you are more than 50% at fault, you cannot recover damages from the other driver. This change emphasizes the importance of proving the other driver’s liability to ensure your case remains valid.
What This Means for Accident Victims
If you’ve been in a car accident, it’s essential to gather strong evidence to prove the other driver’s fault. Your compensation depends on minimizing your assigned fault percentage. Working with an experienced attorney can help you navigate the legal complexities and maximize your recovery.
At The Black Law Company, we understand the challenges of comparative fault cases. Our legal team provides strategic guidance to protect your rights and ensure you receive the compensation you deserve. Contact us today for a free consultation and let us handle your claim with expertise and care.
This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as a personal injury law firm East Tampa FL. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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