If you’re wondering what happens if both drivers are partially at fault in a car accident, Florida law may still allow you to recover compensation depending on the circumstances. Being partially responsible for a crash does not automatically prevent you from pursuing damages, but it can affect how much you may be able to recover.
Florida follows a modified comparative negligence rule, which means each driver can be assigned a percentage of fault for the accident. That percentage can reduce the compensation you receive, depending on how responsibility is divided between the parties involved.
If you were partially at fault for your accident in Florida, our Florida car accident lawyers can review the details of your case and explain what options may be available to you.
Your Personal Injury Protection Policy
Regardless of fault, your first option is your Personal Injury Protection (PIP). Because Florida is a no-fault state, you first turn to your own insurance for compensation.
However, PIP policies only cover a portion of your injuries and losses. If you suffer more severe injuries, you may be left paying your expenses out of pocket. However, in a shared fault situation, you may have other options.
Holding The Other Party Liable
Per Florida’s modified comparative negligence law, also calledcomparative fault, you may be able to hold the other party liable even if you contributed to the accident or your injuries, as long as you meet certain criteria.
What Does Modified Comparative Negligence Mean For My Case?
Under Florida’s modified comparative negligence law, you may be eligible for compensation, even if you contributed to the crash. However, there are two important things to consider:
- You must be 50% or less at fault to recover compensation. If not, you recover nothing from the other driver.
- Any percentage of fault that you share will reduce your recoverable compensation. For example, if you are found to be 25% at fault and your final damage award is $100,000, you can recover $75,000.
You must also be able to prove that you meet certain criteria and that the other party was mostly at fault.
Who Determines Fault For An Accident?
Who determines fault depends on the specifics of your accident case. If you are injured in a car accident, local law enforcement may come to the scene, draft an accident report, and possibly issue citations. While they can have their opinion on who is at fault, this does not necessarily close the matter.
Either insurance company may dispute the officer’s findings, claiming that the other insurer’s policyholder was at fault. Either side may interview the involved parties and eyewitnesses and have an expert investigate to determine how the accident happened.
If we decide to take your case to court, the jury will consider the evidence and determine whether one driver was fully at fault or if both drivers share fault for the car accident or damages.
What If The Police Report Says I’m More At Fault Than I Think I Am?
Accident reports aren’t always accurate. Law enforcement arrives after the fact and might only get some of the story. If there are inaccuracies in the report, we can get them corrected.
Police officers often have to make quick judgments based on limited information, and they may rely heavily on statements made at the scene, visible damage, or assumptions about how the crash occurred. They typically do not have access to all evidence, such as traffic camera footage, vehicle data, or expert accident reconstruction. As a result, an initial report may not fully reflect what actually happened or who was truly responsible.
Why Is It So Important To Ensure I Am Assigned The Correct Percentage Of Fault?
Injuries are expensive. The higher your percentage of fault, the less you are able to recover. While that might not seem like a big deal with minor injuries like a broken bone, it could leave you paying tens or even hundreds of thousands out of pocket with more severe or catastrophic injuries.
For example, the estimated lifetime treatment costs of a spinal cord injury can range from $2 million to over $6 million in 2024, according to theNational Spinal Cord Injury Statistical Center (NSCISC).
If you are found to be 25% at fault for the accident that caused your spinal cord injury, you could be left paying anywhere from $500,000 to $1.5 million. And those figures are for treatment costs alone. They do not consider any other effects on your life, such as your ability to work or care for your children.
The smaller the percentage of fault you are assigned, the less you will be left paying out of pocket.
What Should I Do If I Believe Both Drivers Are Partially At Fault In A Car Accident?
There are steps you should take to protect yourself and your case:
- Do not admit fault. This is very important. Do not apologize for the accident, even if you think you may have caused or contributed to it. Law enforcement will do their investigation and determine who caused or contributed to it. In some cases, people think they caused an accident, but the other party was mostly or entirely at fault.
- Call 9–1–1 and have police officers and paramedics come to the scene. They will create a record of the accident and diagnose and treat any injuries. These medical records are extremely important as they link your injuries to the accident.
- Seek medical attention even if you feel fine. Some injuries are not immediately obvious, especially after the adrenaline of an accident. By delaying treatment, you not only risk not receiving the care you need, but you also give the insurer an opportunity to deny that your injuries are related to the accident.
- Gather evidence at the scene if you are able. Take photos of the vehicles, road conditions, traffic signals, and any visible injuries. Get contact information from witnesses and the other drivers involved. This information can be critical later if fault is disputed.
- Do not give a recorded statement to the insurance company without legal advice. Insurance adjusters may contact you soon after the crash to ask for a statement, sometimes framing it as routine. Their goal is often to get you to say something that can be used to reduce or deny your claim, especially if partial fault is an issue.
- Understand Florida comparative fault rules. Remember that Florida follows a modified comparative negligence system. This means that you can still recover compensation if you contributed to the accident, but you must be under a certain fault threshold.
- Speak with an experienced personal injury attorney as soon as possible. If fault is being questioned, having legal representation early can make a significant difference. An attorney can investigate the accident, preserve evidence, communicate with insurance companies on your behalf, and work to minimize any fault attributed to you.
Even if you believe both drivers are partially at fault for the car accident, you should never assume you do not have a case. Fault is a legal determination, not a personal opinion, and many accident victims are surprised to learn that the other party bears most or all of the responsibility.
How Can A Florida Car Accident Lawyer Help Me?
The primary reason that the other driver’s insurance company is likely to allege comparative negligence is to reduce the value of the settlement they must pay out. Even if you did not cause the accident, they may try to convince a jury that you did.
Our lawyers can assemble evidence to demonstrate the facts of the accident to the jury. This may include using photographs of the scene, testimony from witnesses, or even a professional accident reconstruction.
If we can show the other driver’s behavior demonstrated the four legal elements of negligence (and yours did not), we can hold them fully responsible for your damages. The elements we must prove include:
- The driver had a duty of care to others on the roadway and the public.
- They failed to uphold their duty.
- Their violation of duty was the cause of your accident and the subsequent injuries and damages.
- You suffered injuries and damages, which we can prove with documentation like medical bills and employment records.
If you do share some blame for the crash, our lawyers will make sure you receive a fair percentage of fault based on your actions.
Call An Attorney If Both Drivers Are Partially at Fault In a Car Accident
Don’t try to handle this on your own. It is very easy to do or say something that can jeopardize your case, especially if you share fault. Our Florida car accident attorneys can protect you from an unfair assignment of fault.
Call Anidjar & Levine to get started. We take accident cases with no upfront fees.
