When filing a claim after getting into a Florida car accident, determining how much you’ll receive as reward compensation for your damages and injuries is complex. That’s why having a personal injury lawyer on your side is vital to represent your rights and ensure you receive the damages you’re entitled to after an accident. In Florida, one of the factors determining your potential award amount is comparative negligence. Below, we discuss what you need to know about this concept and how it can affect your Florida car accident claim.
What is Comparative Negligence?
Comparative negligence, also called comparative fault, assigns a percentage level of responsibility each party’s actions had in causing the accidents. Then, the potential award amount you would have received is diminished by the percentage level of fault your actions played in the accident. Rarely do accidents have a completely one-sided level of fault. Comparative negligence aims to hold both parties accountable for their level of responsibility in contributing to the accident.
How Comparative Negligence Works
Chapter 768 of the Florida Statutes governs how comparative negligence works in Florida. According to the statute, the amount awarded to a person injured in a car accident is diminished by your percentage of fault in causing the accident. During the claim process, all available damages are considered and valued. Then, the final award amount is diminished by the percentage of fault you had in the accident. Comparative fault compares each driver’s actions leading up to the accident and bases the award amount on the actions that contributed to it.
For example, consider an accident involving two drivers in a T-bone collision. The driver on the roadway was speeding 10 miles of the speed limit when another car turned into the roadway and hit the driver. Although the driver who turned into the roadway was at fault for causing the accident, a judge may determine that the other vehicle’s speed also contributed to the accident. The judge may decide that the speeding driver is 40% at fault for the accident while the other driver is 60% at fault. The speeding driver would be able to recover 60% of available damages.
Types of Comparative Negligence
Three types of comparative negligence have been used in Florida:
Contributory Negligence
This form of comparative negligence was used in Florida until 1972. In a contributory negligence state, you can’t recover damages from an accident if you had any amount of fault in causing it.
Pure Comparative Fault
Florida was a pure comparative fault state until Governor DeSantis signed a tort reform bill into law in March 2023. In a pure comparative fault state, you can recover any percentage of damages in your accident as long as the other driver displayed some level of fault. That means that even if you were determined to be 99% at fault for the accident, you could recover 1% of the available damages from the other driver’s insurance company.
Modified Comparative Negligence
New tort reform regulations make Florida a modified comparative negligence state. With this method, the other driver must be at a greater percentage of fault than you to recover damages. This means the other driver needs to be at least 50% at fault for causing the accident to make a claim against them. If the other driver is 49% at fault for the accident, you won’t be able to recover anything after your accident outside of your car insurance policy and PIP limits.
Determining Comparative Negligence
Various factors are used to determine each party’s level of fault in an accident. These include:
- Speeding
- Driving recklessly
- Distractions both parties were engaged in at the time of the accident
- Driving under the influence
- Drowsy driving
- Whether either party wore a seat belt
- Weather conditions
- Operational break and headlights
Receiving Compensation for Car Accident Claims in Ocala, FL
How much you can receive for your injuries after a car accident in Florida is complicated. It’s important to have an experienced attorney help you navigate the complexities of the law and insurance system to ensure you’re compensated for your injuries. Call the King Law Firm at 352-629-8747 to schedule a free consultation.
