Yes, you may still be able to recover damages if you were partially at fault for an accident.

In Florida, your compensation may be reduced by your percentage of fault. However, if you are found more than 50% at fault in most negligence cases, you generally cannot recover damages from another responsible party.

That is why fault matters so much after an accident. Even a small dispute over percentage of fault can affect your claim.

Can I Still Recover Damages If I Was Partially at Fault?

You may still have a claim if another person or company also contributed to your injuries.

For example, you may have been slightly speeding when another driver ran a red light. Or you may have slipped in a store while distracted, but the store also failed to clean up a dangerous spill.

In those situations, more than one party may share fault.

Your attorney will investigate the facts and evidence. If the evidence shows another party’s negligence contributed to your injuries, you may still be able to pursue compensation.

What Is Comparative Fault in Florida?

Comparative fault is a legal rule that divides responsibility among the parties involved in an accident.

A judge or jury may assign each party a percentage of fault. Insurance companies may also argue about fault during settlement negotiations.

For example, one driver may be 80% at fault, while another driver may be 20% at fault.

If you are partially responsible, your damages may decrease by your percentage of fault.

How Does Florida’s 50% Fault Rule Work?

Florida changed its comparative fault law in March 2023. The current rule is often referred to as modified comparative fault.

Under Florida Statute § 768.81, a person found greater than 50% at fault for their own harm generally may not recover damages in a negligence action. This rule does not apply to medical negligence claims under Chapter 766.

Here is a simple example:

• If your damages are $100,000 and you are 20% at fault, your recovery may be reduced by 20%. That would leave $80,000.
• If your damages are $100,000 and you are 50% at fault, your recovery may be reduced by 50%. That would leave $50,000.
• If you are found more than 50% at fault, you may recover nothing in most negligence cases.

How Is Fault Determined After an Accident?

Fault depends on the evidence.

Your attorney may review police reports, photos, videos, witness statements, medical records, accident scene evidence, vehicle damage, and insurance information.

In some cases, expert witnesses may help explain what happened. Accident reconstruction experts, engineers, medical experts, or safety experts may become important.

Fault is not always obvious. Insurance companies may blame the injured person to reduce what they pay.

That is why you should not assume you have no case just because someone says you were partly responsible.

How Can Partial Fault Affect My Compensation?

Partial fault can reduce the amount you recover.

The higher your percentage of fault, the lower your potential recovery may be. This can affect damages for medical bills, lost wages, pain and suffering, property damage, and other losses.

For example, if your total damages are $200,000 and you are 25% at fault, your recovery may be reduced by $50,000. That would leave $150,000.

This makes the evidence very important. A small change in the fault percentage can make a major difference in the outcome.

How Can Partial Fault Affect Insurance Coverage?

Partial fault can also affect which insurance policies apply.

The other party’s insurance company may cover some damages. Your own insurance may cover other damages, depending on the policy and the type of claim.

In a car accident case, coverage may involve:

• Bodily injury liability coverage
• Property damage coverage
• Personal Injury Protection, or PIP
• Medical Payments coverage
• Uninsured or underinsured motorist coverage
• Collision coverage

The exact coverage depends on the facts and the policy language.

An attorney can help identify available insurance and explain how shared fault may affect the claim.

Can the Other Party File a Claim Against Me?

Yes. If the other party believes you caused or contributed to the accident, they may pursue a claim against you or your insurance company.

This can complicate your case. It may affect settlement negotiations, insurance coverage, and litigation strategy.

You should notify your insurance company if another party makes a claim against you. You should also speak with an attorney before giving detailed statements about fault.

Can a Shared-Fault Case Still Settle?

Yes. Many shared-fault cases settle without trial.

Settlement negotiations often focus on the evidence, fault percentages, damages, insurance coverage, and the risks both sides face in court.

However, shared fault can make settlement harder. Insurance companies may offer less by arguing that you caused most of the accident.

Your attorney can push back with evidence and work to protect your claim.

What Evidence Can Help Protect My Claim?

Strong evidence can help show what happened and challenge unfair blame.

Helpful evidence may include:

• Photos of the accident scene
• Photos of vehicle damage or dangerous conditions
• Surveillance video
• Dashcam footage
• Police or incident reports
• Witness names and contact information
• Medical records
• Expert analysis
• Insurance information
• Cell phone records, when relevant

You should also keep notes about what happened. Write down what you remember while it is still fresh.

Avoid posting about the accident online. Insurance companies may review social media and use your posts against you.

What Should You Do If an Insurance Company Blames You?

Do not panic, and do not assume the insurance company is right.

Insurance adjusters may assign fault based on limited information. They may also ask questions designed to make you accept blame.

Before giving a recorded statement or signing documents, speak with a personal injury attorney.

An attorney can review the facts, communicate with the insurance company, and help protect your rights.

Why Should I Speak With a Personal Injury Attorney?

Partial fault cases can be complicated.

An attorney can investigate the accident, identify all responsible parties, gather evidence, review insurance coverage, and explain how Florida’s comparative fault rule may affect your claim.

Legal guidance is especially important if the insurance company says you were mostly at fault.

Injured in an Accident? Romano Law Group Can Help.

If you were injured in an accident and someone is blaming you, do not assume you have no case.

Romano Law Group can review the evidence, explain your options, and help you understand how comparative fault may affect your claim.

Injured? Contact our family-owned personal injury law firm today. There is no fee until we win your case.