In states that use the legal doctrine of contributory negligence, victims of personal injury accidents are barred from obtaining compensation if they are partly at fault. States that use a comparative negligence system allow people to recover compensation even if they share blame for their injuries.
Florida uses a comparative negligence system. The amount of money that accident victims may recover for their injuries depends on their degree of fault. If you are considering filing a personal injury claim in Florida, you should understand the difference between contributory and comparative negligence and how Florida law treats shared fault in personal injury accidents.
To learn more, contact us today at Zervos & Calta, PLLC. We can review the specific facts of your case in a free consultation.
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What Is Negligence?
Negligence is a central concept in personal injury law and determines financial liability in most cases. Negligent parties that cause injuries are liable for paying the cost of the victim’s injury-related losses, such as the victim’s medical bills and lost income. A person may be found negligent if their actions violate the standard of reasonable behavior due to carelessness or disregard for safety.
For instance, a speeding driver who collides with your car after running a stop sign would be negligent. Drivers have a legal duty to obey traffic rules and drive in a law-abiding manner to minimize risk to other road users. Speeding and disregarding traffic signs violate that duty. Since the speeding driver violated their legal responsibility and caused injuries, the driver may be found liable for your injuries.
However, under Florida law, negligence is a two-way street in personal injury accidents. If you contributed to the car accident in which you were injured, you may also be partly at fault for your injuries.
For instance, if you failed to avoid a car accident because you were texting while driving, you might also be judged partially liable. Florida relies on a comparative negligence system to apportion fault in personal injury claims involving shared liability.
What Is Contributory Negligence?
Under a contributory negligence system, an accident victim is ineligible to recover compensation if the individual was at fault for the accident that caused harm. Even if the victim only has a small percentage of the blame, contributory negligence bars a financial recovery.
In the texting and driving example above, your shared liability would make you ineligible to recoup compensation through the legal system. It wouldn’t matter that the other driver was more at fault — any shared liability precludes you from filing a lawsuit. Contributory negligence is a stringent standard, which is why only a few states still use it.
What Is Comparative Negligence?
Comparative negligence is an alternative approach. It weighs each party’s liability after an accident. Under comparative negligence, a court assigns each at-fault party a percentage of blame. Each party’s total damages are reduced in proportion to their percentage of fault.
In the above texting and driving example, if the courts found you to be 20 percent at fault, any compensation the court awarded you would be reduced by 20 percent. For instance, if the court determined your total compensable losses were $100,000 and you were 20 percent at fault, you would be eligible to receive $80,000. The point of a comparative negligence system is to ensure that each involved party only pays for the portion of the injuries for which they are responsible.
Which Forms of Negligence Does Florida Use in Accident Cases?
Florida uses a modified comparative negligence system. Under this system, in a negligence claim, any party found to be greater than 50 percent at fault for their harm may not recover any damages. The law does not apply to an action for damages for personal injury or wrongful death arising from medical negligence. (See Fla. Stat. § 768.81(6).) Florida is one of over 30 states that use a modified comparative negligence system.
This system differs from a pure comparative negligence system. Under pure comparative negligence, you can recover compensation no matter your share of liability, even if you were 99 percent at fault for your injuries. Florida operated under a pure comparative negligence system until the law changed in 2023.
Can a Florida Car Accident Lawyer Help Prove I Did Not Contribute to the Accident?
Florida is a no-fault state for motor vehicle accidents. After any auto accident, you first file a claim through your auto insurance policy’s personal injury protection (PIP) coverage. You can file a PIP claim regardless of who was at fault for the accident. If your losses exceed your PIP coverage limits, you can file a claim with the at-fault party’s insurer for additional compensation. If your injuries meet the legal threshold for a serious injury, you can file a lawsuit against the at-fault party to demand compensation for your losses, including missed work, lost wages, pain, suffering, and mental anguish.
To maximize your recoverable compensation after a car accident, you must minimize your role as a responsible party. An insurance company may try to shift the blame to you or others to reduce its liability. A skilled attorney can identify the insurance coverages available and advocate for your best interests. Your attorney can argue against your shared liability in a car accident with evidence such as:
- Photos of the accident scene
- Video recordings showing the sequence of accident events
- Eyewitness accounts
- Expert testimony
- Medical records
- On-board computer data.
Even if you are judged to share partial fault, a dedicated lawyer and a law firm with resources to find evidence that shows that you bear only a small percentage of fault. If shared fault is evident in your car crash case, you need an experienced personal injury attorney who can limit your fault as much as possible and seek a full and fair settlement.
Contact a Florida Car Accident Lawyer
When times are tough, your lawyer should be, too. Spring Hill injury attorneys Angela A. Zervos and Lauren Calta have over 50 years of combined legal experience helping injury victims in Florida seek full compensation. Our experienced legal team has a track record of settlements and verdicts in Florida personal injury and wrongful death cases. While past results do not guarantee future outcomes, they show the experience we can put to work for you.
When you are recovering from severe injuries, the last thing you need is to argue with insurance companies on your own. A knowledgeable personal injury lawyer at Zervos & Calta, PLLC, will explain your legal options, guide you through the claims process, and help you seek maximum compensation.
Our dedicated legal team is committed to helping people struggling to recover from serious injuries caused by someone else’s negligence. Contact us today or call for a free case evaluation with an experienced personal injury attorney in Florida.
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About the Author
Angela Zervos
Angela has spent more than 28 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.
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