Can I Still Get Compensation if I was Partially at Fault

Being involved in a car accident can leave you with mounting medical bills, but what happens when you are partially at fault? Can you still recover compensation in Florida? 

Florida’s Comparative Negligence Law allows injured drivers to pursue compensation, even if they are partially responsible for the accident. If you are injured anywhere in the state, understanding how fault is evaluated can help you protect your rights and avoid giving up the rightful compensation that you may still be entitled to receive. 

At Injury Assistance Law Firm, our experienced car accident attorney in Orlando assists injured parties to navigate through the legal complexities of Florida Law. If you are dealing with a similar situation or have doubts, call us at: +1 (321) 599-4318 to schedule a Free Consultation. 

Here’s what you need to know. 

What is Comparative Negligence? 

Comparative Negligence is a legal doctrine used to allocate fault among multiple parties involved in an accident. When both drivers or other parties are equally responsible for a crash, comparative negligence can reduce the injured party’s compensation by their percentage of fault. 

Example: 

If you are at 10% of fault for a crash and your total damages are $50,000, your compensation would be reduced by 10%, and you would recover $45,000. 

Florida’s Comparative Negligence Law of 2023 

According to Florida Statute § 768.81, Florida’s Comparative Negligence Law was modified in 2023. Under this updated law: 

• You can only recover compensation if you are 50% or less at fault in the accident. 
• If you are found to be more than 50% responsible, you cannot recover any damages. 

The fight over fault percentages is incredibly high. Insurance companies know this, and they will aggressively argue that your fault exceeds 50% to avoid paying anything. If you are anywhere near that, consulting an experienced attorney can strengthen your case. 

How Fault is Determined in Florida Car Accidents? 

Fault means legal responsibility for causing a crash. The aspect of fault is rooted in negligence, which occurs when the driver failed to exercise reasonable care, leading to the accident. The assignment of fault is not permanent at first, but can shift if new evidence surfaces or accounts are challenged. 

Florida car accident fault is determined by considering certain factors. Here’s what is considered: 

• Reviewing police reports 
• Examining witness statements 
• Evaluating traffic laws and violations 
• Analyzing video and photographic evidence 
• Consulting with accident reconstruction experts for special cases 

Can I still get compensation if I was partially at fault? 

Yes, you can still get compensation if you are below the 50% criteria. However, insurance companies will vehemently try to prove your fault is more than 50%. Here’s when an experienced car accident attorney in Orlando can prove that your fault is below, by considering the following aspects: 

• Collect accident scene photos and surveillance footage.
• Obtain police reports and witness statements.
• Work with accident reconstruction experts.
• Analyze vehicle damage and crash evidence.
• Challenge inaccurate insurance company findings.
• Present medical records linking your injuries to the accident.
• Negotiate with insurers to reduce your assigned percentage of fault.
• Build a strong legal case if litigation becomes necessary.

Florida’s No-Fault Insurance System 

Florida has a No-Fault Insurance System for car accidents. As a no-fault insurance state, all drivers are required to carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). 

If you meet Florida’s serious injury threshold, you may step outside the no-fault system and pursue additional compensation from the at-fault driver. Even if you share some responsibility in an accident, you still have options for recovering compensation from the at-fault driver. 

How Medical Bills and Lost Wages Handled When Fault Is Shared? 

Your total damages are still calculated in full before any reduction, even if you share fault in an accident. All your medical expenses, lost wages, and other measurable losses will all be calculated. Once the total is determined, it is reduced by the percentage of fault attributable to you. 

To first understand what your compensation amount can be, try our Car Accident Settlement Calculator. 

Our Florida Car Accident Pain and Suffering Calculator will give you an estimated amount of your possible compensation. The total of that will then be deducted as the % of the fault you have. However, these calculations are just an estimate. Your attorney can provide you with detailed and more accurate guidance. 

Can I still recover non-economic damages if I was partially at fault? 

In many cases, you can still recover non-economic damages even if you were partially at fault. Since these damages are more subjective, clear and consistent documentation, including medical records and personal accounts, can support their value. 

Non-economic damages will include: 

• Pain and suffering 
• Emotional distress
• Loss of enjoyment of life 
• Long-term physical limitations 

Will my insurance rates increase if I was partially at fault? 

Yes, your insurance rates may increase if you are partially at fault, typically at your next policy renewal. The amount of the increase depends on the following factors: 

• Your insurer’s rating practices
• Your prior driving history
• The degree of fault assigned to you 
• If your policy includes accident forgiveness

If another driver is found primarily responsible, any increase may be less significant. Keeping detailed claim records will also help if you need to review or challenge any changes to your premiums. 

Talk to Injury Assistance Law Firm For Your Case 

Partial fault in a car accident does not automatically prevent you from recovering compensation. However, it can ffect the outcome of your claim in significant ways. 

At Injury Assistance Law Firm, we take a detailed and evidence-focused approach to fault and liability. Our experienced attorneys will evaluate how fault was assigned, identify weaknesses in the insurer’s position, and work to reduce unfair percentages that limit recovery. 

If you think you are partially at fault or are unsure how your fault may impact your claim, call us at +1 (321) 599-4318 for a Free Consultation. We are available 24/7 to provide you with the best and right legal assistance.