Many car accident victims in Orlando assume that any fault on their part disqualifies them from receiving compensation. However, this is not true in the State of Florida. Florida law does allow for recovery even when you share some blame for the accident, but only if you are less than 50% at fault for the accident.
Our Orlando car accident lawyers explain below how comparative negligence works in Florida, how fault is determined, and the steps you should take if you feel you were partially at fault in an Orlando car accident
Understanding Modified Comparative Negligence Laws In Florida
In March 2023, Florida significantly changed its negligence laws by moving from a pure comparative negligence system to a modified comparative negligence system. This change affects how compensation is determined when multiple parties share fault in an accident.
Under Florida’s current modified comparative negligence law, you can recover damages only if you are 50% or less at fault for the accident. If you are found to be more than 50% responsible, you cannot recover any compensation, regardless of the severity of your injuries or damages.
When you are 50% or less at fault, your compensation is reduced by your percentage of responsibility. For example, if your total damages amount to $100,000 and you’re found to be 30% responsible for the accident, your recovery would be reduced to $70,000.
Determining Fault In An Orlando Car Accident
Establishing who bears responsibility for a car accident is a critical step in the claims process. With Florida’s modified comparative negligence system, fault determination directly impacts whether you can recover damages at all.
In Orlando and throughout Florida, fault is determined by evaluating the actions of all parties involved and how those actions contributed to the accident. This evaluation considers factors such as:
- Traffic law violations
- Distracted driving behaviors
- Road and weather conditions
- Vehicle maintenance issues
- Witness statements
- Police reports
- Physical evidence from the accident scene
Insurance adjusters, attorneys, and sometimes courts will review these factors to assign percentages of fault. This process can be subjective, which is why having proper representation is important to ensure your actions aren’t unfairly weighted.
How Partial Fault Affects Compensation Under The New Law
Under Florida’s modified comparative negligence system, being assigned more than 50% fault will completely bar you from recovering damages. This makes understanding how fault percentages impact your case more important than ever.
When calculating compensation in a modified comparative negligence case, the process begins with determining the total value of your damages. These damages typically include:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Once the total value is established, your recovery is reduced by your percentage of fault, as long as you’re 50% or less at fault. If you’re assigned more than 50% fault, you cannot recover any damages.
For example, if you have $50,000 in damages:
- At 20% fault, you would receive $40,000
- At 50% fault, you would receive $25,000
- At 51% fault or higher, you would receive $0
This demonstrates why accurate fault determination is so important—even a 1% difference in fault can be the difference between receiving some compensation and receiving nothing at all.
Steps To Take After An Accident If You Are Partially At Fault
If you believe you may have contributed to an accident, taking appropriate steps immediately afterward can help protect your right to compensation and prevent your actions from being misinterpreted.
Prioritize Safety And Medical Attention
Your first priority should always be safety and health. Check yourself and others for injuries and call emergency services if needed. Even if you feel fine, seek medical attention promptly after the accident.
This is important for two reasons:
- Some injuries aren’t immediately apparent but can worsen without treatment
- Medical records create official documentation of your injuries
- Prompt medical care demonstrates that you took your injuries seriously
- Follow-up appointments show your commitment to recovery
- Treatment plans establish the extent of your damages
Adhering to all medical advice and keeping appointments helps build a strong record of your injuries and recovery process.
Document The Accident Carefully
Thorough documentation helps establish an accurate account of what happened, which is crucial when fault is being determined.
At the accident scene, if you’re able to do so safely:
- Take photos of all vehicles involved from multiple angles
- Photograph the overall accident scene, including road conditions
- Get contact information from witnesses
- Make notes about weather conditions, traffic signals, and other relevant factors
- Exchange information with other drivers, but stick to the facts
When speaking with others at the scene, be careful about what you say. Avoid apologizing or making statements that could be interpreted as admitting full fault. Simply exchange the required information and be respectful and cooperative.
Report The Accident Properly
Report the accident to law enforcement and your insurance company promptly. Florida law requires reporting accidents involving injuries or significant property damage.
When making your report:
- Provide factual information about what occurred
- Avoid speculating about causes or fault
- Don’t minimize your injuries or damage
- Be honest but concise about your actions
- Ask about the next steps in the claims process
Your insurance policy likely requires prompt notification of any accident, regardless of fault. Failing to report the accident could jeopardize your coverage.
The Role Of An Experienced Orlando Car Accident Lawyer
If you’re unsure if you can recover damages when you’re partially at fault for an Orlando car accident, professional legal representation becomes particularly valuable. An experienced attorney can help ensure your partial fault doesn’t unfairly reduce or eliminate your compensation.
Without legal representation, you might find yourself assigned a higher percentage of fault than is warranted, potentially eliminating your right to compensation entirely. Beyond fault determination, an attorney helps ensure you receive fair compensation for all applicable damages if you qualify to recover. They can:
- Calculate the full value of your current and future medical expenses
- Properly value non-economic damages like pain and suffering
- Identify all potential sources of compensation
- Negotiate effectively with insurance companies
- Take your case to trial if a fair settlement can’t be reached
- Meet all legal deadlines and requirements
Insurance companies often make initial settlement offers that don’t fully account for all damages. Having an attorney evaluate any offer before you accept it can prevent you from settling for less than you deserve.
Contact Us if You Believe You’re Partially at Fault For an Orlando Car Accident
Being partially at fault for a car accident in Orlando doesn’t necessarily mean you can’t recover damages, but Florida’s modified comparative negligence law now requires that you be 50% or less at fault to receive any compensation.
This makes accurate fault determination more critical than ever before. Taking appropriate steps after the accident and seeking professional legal guidance can help ensure you receive fair treatment throughout the claims process. Having an experienced attorney by your side is particularly valuable in these cases, as they can help minimize your assigned fault percentage and maximize your compensation. If you’ve been involved in an accident where fault is shared, contact Anidjar & Levine today for a free consultation to discuss your case and explore your options for recovery.
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