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Can I recover if I was partly at fault in a Florida car accident?

Yes — Florida uses modified comparative negligence. Your recovery is reduced by your share of fault, but if you are found more than 50% at fault for your own harm, Florida Statute § 768.81 generally bars recovery from the other party on a negligence claim. CrashAid is a free attorney referral service, English and Spanish, at (941) 770-2727 to help you fight unfair blame and pursue the compensation you deserve.

How modified comparative negligence works

House Bill 837 updated § 768.81. Damages are reduced by your percentage of fault. If you are 20% at fault on a claim valued at $100,000, the recoverable amount is reduced accordingly — but if a fact-finder places you above 50%, the negligence recovery against that party can be barred.

The statute notes that this bar does not apply to medical-negligence cases under chapter 766. Ordinary car crash claims are the focus of this guide.

Why insurers push fault onto you

Every percentage point they assign to you lowers what they pay. Photos, the crash report diagram, witness names, and medical timing all matter. Do not assume a rear-end label or a citation ends the analysis.

CrashAid connects you with participating Florida attorneys who know how to investigate fault. The referral is free.

Request a free attorney referral

CrashAid is a free attorney referral service — English and Spanish. Call or use the form to pursue the compensation you deserve.

Go to the formCall (941) 770-2727

Questions

Can I still recover if I was partly at fault in Florida?

Yes, under modified comparative negligence your recovery is reduced by your fault share. If you are found more than 50% at fault, § 768.81 generally bars recovery from the other party on a negligence claim.

Does a ticket mean I am more than 50% at fault?

No. A citation is evidence, not the final civil allocation of fault. Photos, witnesses, and the full narrative still matter.

Who decides the percentage of fault?

Insurers argue about it during claims. If a case is tried, a jury or judge allocates fault. A participating attorney can push back on inflated blame.

How do I get help from CrashAid?

Call (941) 770-2727 or use the form. CrashAid is a free attorney referral service with English and Spanish support.

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  • — A specialist follows up using the contact details you submit
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By submitting, you agree CrashAid may contact you by phone, text, or email about your accident. CrashAid is a free attorney referral service, not a law firm.

CrashAid is a free attorney referral service, not a law firm.

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Partly at Fault in a Florida Crash? | Free Attorney Referral | CrashAid