Truck accidents in Jacksonville are often complex, involving multiple vehicles, companies, and insurance policies. If you believe you may have contributed to your crash, you might be wondering whether you can still recover damages for your injuries and losses.
Florida law allows you to seek compensation even if you were partially at fault. However, there are limits. Our Jacksonville truck accident lawyers can explain how comparative negligence and the state’s no-fault system work. They can help protect your rights and recover the financial support you need after a serious truck accident.
Florida’s Modified Comparative Negligence Law and How It Affects Your Claim
Florida follows a modified comparative negligence rule, which can affect how much compensation you can recover. Under Florida Statutes § 768.81, an injured person can seek damages as long as they are 50% or less at fault for the crash.
Your financial recovery is then reduced by your percentage of fault. For instance, if you were found to be 20% responsible for a truck accident that caused $100,000 in damages, you could still recover $80,000.
However, if you were more than 50% responsible, you will not be able to recover any damages.
Because fault percentages directly impact your compensation, it’s critical to ensure they are accurately determined. Insurance companies often dispute fault in truck accident claims, making evidence collection and expert analysis essential.
How Florida’s No-Fault Insurance System Affects Truck Accident Claims
Florida follows a no-fault auto insurance system, which means most drivers must first turn to their personal injury protection (PIP) coverage after a crash, no matter who caused it.
PIP typically covers:
- 80% of reasonable medical costs, up to the policy limits
- 60% of lost income due to missed work, up to the policy limits
However, PIP does not cover pain and suffering or other non-economic damages.
To pursue a claim against the truck driver or trucking company, known as stepping outside the no-fault system, you must meet Florida’s serious injury threshold under Florida Statute § 627.737. You can file a personal injury claim or lawsuit if you suffered:
- Lost the use of a vital body function
- Sustained an injury expected to cause lasting or lifelong effects
- Suffered visible or permanent scarring or disfigurement
- Death, in which case, surviving family members may pursue a wrongful death claim
Even if you were partially at fault, you can still seek damages beyond your PIP limits if your injuries meet this threshold and you were not more than 50% responsible for the crash.
How Investigators Determine Fault After a Jacksonville Truck Crash
Determining fault in a commercial truck crash requires careful investigation. Multiple parties may be involved: the truck driver, the trucking company, a maintenance contractor, or even a cargo loader.
Fault is typically determined through evidence gathered by:
- Law enforcement, including the Jacksonville Sheriff’s Office or the Florida Highway Patrol
- Insurance adjusters reviewing claim details
- Expert accident reconstructionists analyzing vehicle damage and scene data
Key evidence can include:
- Police reports
- Eyewitness statements
- Traffic and dash camera footage
- The truck’s electronic logging device (“black box”) data showing speed, braking, and driver hours
- Maintenance and inspection records
- Cell phone and GPS data
Because trucking companies must comply with state and federal safety regulations, any violation, such as exceeding hours-of-service or neglecting vehicle maintenance, can significantly impact how fault is assigned.
What Compensation Can You Recover If You’re Partially At Fault?
Once your injuries qualify under Florida’s serious injury threshold, you can pursue a lawsuit for a broader range of damages beyond your PIP coverage.
These damages may include:
- Medical Expenses: Current treatment, hospitalization, and physical therapy
- Future Medical Costs: Surgeries, rehabilitation, and assistive devices
- Lost Wages: Income you missed while recovering
- Loss of Earning Capacity: If your injuries affect your ability to work in the future
- Pain and Suffering: Physical pain, emotional distress, and reduced quality of life
- Loss of Enjoyment of Life: When injuries prevent participation in daily activities or hobbies
Your personal injury attorney can compile a complete list of your damages and seek maximum compensation on your behalf, protecting you from insurers that try to place a greater degree of blame on you.
Why Insurance Companies Try to Shift Blame After a Truck Accident
Insurance companies and trucking corporations often work quickly to limit their financial exposure. One of their most common strategies is to shift blame onto the injured driver.
They may:
- Claim you were distracted or speeding
- Emphasize minor mistakes to inflate your fault percentage
- Use selective or incomplete evidence to challenge your version of events
Because fault directly affects compensation under Florida’s modified comparative negligence law, these tactics can dramatically reduce your payout if left unchallenged. A thorough investigation that includes expert analysis and proper documentation is essential to protect your rights and ensure fault is assigned fairly.
What to Do After a Truck Accident If You Might Be Partially At Fault
Even if you believe you made a mistake behind the wheel, do not assume you are responsible for the crash. The actions of the truck driver or their employer may have played a far greater role than you realize.
To protect your claim:
- Seek medical care immediately.
- Call law enforcement to document the scene and obtain an official police report.
- Never admit fault or speculate about what happened.
- Gather evidence, including photos, witnesses’ contact information, and vehicle details.
- Notify your insurance provider, but avoid recorded statements until you understand your rights.
- Preserve all records: medical bills, communication with insurers, and receipts for crash-related expenses.
- Consult an attorney early, especially in truck accident cases where multiple parties may share liability.
Quick action helps preserve crucial evidence, ensuring you’re not unfairly blamed for a crash you only partially caused.
Take the Next Step Toward Financial Recovery After a Jacksonville Truck Accident
Even if you were partially at fault for your truck crash, Florida law still protects your right to pursue compensation, especially when your injuries exceed your PIP limits and meet the state’s serious injury threshold. The key is proving your percentage of fault accurately and building a strong case supported by evidence.
If you were injured in a Jacksonville truck accident, you don’t have to navigate Florida’s fault and insurance rules alone. Anidjar & Levine can help you understand your options, gather the evidence you need, and fight for the compensation you deserve.
Call today for a free consultation with a team member to learn how a Jacksonville truck accident lawyer can help you take back control of your life after a serious crash.
