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Most traffic accidents don’t unfold in a clean, one-sided way, with two drivers often telling different stories about the same crash. Similarly, a store may blame a customer for slipping on a wet spot near the entrance. When fault is shared, the state’s comparative negligence rule comes into play. 

The rule determines how much compensation an injured person can still recover, even if their actions played a part in what happened. Many people are surprised to learn that a simple detail, like checking a phone just before impact, can change the outcome of a claim. The following guide explains how comparative negligence works in personal injury cases in Florida and how lawyers assist in this regard. 

What Is Florida’s Comparative Negligence Rule? 

Florida uses a modified comparative negligence rule. It reduces compensation when an injured person shares some of the blame. Once the injured party reaches 51% fault, recovery ends. Anything lower still allows a payout, though the amount drops based on the assigned percentage. This rule guides many disputes, such as car crashes and accidents on private property.

Insurance companies often lean on this rule because it gives them room to argue for a lower payout. It’s best to work with a reliable Florida personal injury law firm that can fight these reductions by focusing on witness statements, available footage, and the timing of each action. The result depends on how persuasive the evidence looks when placed against the version pushed by the at-fault party. 

Why Does Fault Rarely Land at 100% in Florida Cases?

Accidents commonly don’t follow a neat storyline since there may be multiple factors involved. Two people can view the same moment and recall it differently. Florida courts take this into account and look at the conduct of everyone involved. Here are some examples of cases involving overlapping issues: 

• Distractions inside a vehicle, including loud conversations, bright screens, children arguing, or loose items shifting 
• Delayed speed adjustments or failing to keep a safe distance 
• Missed warnings from staff in a store, incomplete signage, and maintenance delays 

When these cases go to court, fault is determined by percentage. These numbers reflect how responsible each party is. 

What Counts as Negligence Under Florida Law? 

Negligence is the result of someone failing to use reasonable care and causing an injury. Florida recognizes several types of negligence, each with its own shape. Simple negligence is related to everyday mistakes, such as a driver rushing through a changing light. Gross negligence refers to a behavior so careless that it shows a strong disregard for safety. For example, a distracted driver racing through a crowded intersection can fall under this. 

There’s also vicarious negligence, in which one party answers for the actions of another. For example, a company may face a personal injury claim for an employee who acted carelessly during work. The variety of categories helps courts sort out the conduct involved. It also helps injured individuals show that their case rises above a basic accident and qualifies as a valid personal injury claim. 

How Do Investigators and Attorneys Handle Personal Injury Claims in Florida? 

When dealing with personal injury claims in the state, lawyers have to take the modified comparative negligence law into consideration. Strong evidence is the most important factor here. For example, to determine fault in a motorcycle accident, the lawyer may collect evidence like photos from the scene, skid marks, broken items, repair estimates, medical records, and more. They may also ask for statements from bystanders who saw the moments leading up to the incident. 

Lawyers use this information to prove that the other party’s choices played the main role in the accident. This way, their client can receive compensation for their injuries and lost wages. A strong file also gives the lawyer better leverage during talks with insurers, who often attempt to shift the blame to lower the payout. 

What to Do After an Accident Involving Shared Fault 

If you’re injured in an accident where two or more parties may be involved, stay calm. Document the scene, gather names, take photos, and request medical care immediately. Any delay in these can raise questions about how the injury happened or give the opposing side more room to argue fault. 

Reach out to a lawyer as soon as possible so that they can secure statements and preserve physical proof, like camera footage, before it disappears. You should also write down your account of what happened while the details are still fresh in your mind. 

Keep your medical records, repair estimates, and any messages you receive from the insurers. These items will help your lawyers build a strong case for you, which will ultimately reduce the chance of a fault percentage being assigned unfairly. 

Wrapping Up

In cases of shared fault accidents, many people are confused about the validity of their personal injury claims. Florida’s laws take both parties’ fault into account to determine the extent of the final compensation. Shared fault does not end a claim unless the numbers exceed the state’s threshold. Many injured individuals move forward with solid results when they’re backed by seasoned lawyers and strong evidence.