How Does Partial Fault Work in Florida for a Car Accident?

Across the nation, laws vary on how fault works in regard to a car accident. If you’ve been in a car accident, you might be worried about how this works. For instance, in Washington, DC you cannot receive any damages if you possess any fault in the accident whatsoever (this is called contributory negligence). Many places (including Florida) found this rule to be unfair and unjust.

In response, Florida uses what is called the “pure comparative fault rule” to assign damages across the board. This means that you receive damages based on how much fault you possess in the car accident.

What Does This Look Like in DC?

Under contributory negligence, the system is weighted towards complete fault cases. Here’s a scenario. Let’s say you were driving down the road, minding your own business and listening to your favorite radio station, when Illegal Left Turn Larry turns into the road and you smash into him. Now, if you were obeying all the laws of the road, maintaining a safe speed, attention on the road, you would not be at fault at all and therefore entitled to compensation for your injuries. However, let’s say that you were really into that song and you were driving a little faster—say, 10 miles per hour over the limit—when you crashed into him. Under contributory negligence you would be at partial fault and therefore completely disqualified for any compensation.

See why that’s unfair? It creates a system in which someone else can do something entirely and completely unsafe and get away without paying damages. If you hurt your neck, back, or anywhere else and needed help, you couldn’t get it under this system. That’s why Florida implemented the pure comparative fault rule—to make things easier for you.

How About in Florida?

Let’s go through the same type of scenario. You’re driving again, Illegal Left Turn Larry makes that left, and you smash into him. When you were completely in the clear—going the speed limit, not distracted, and so forth—you still receive damages. You’ll receive 100% of them, in fact; you’re not at fault. If the second scenario remains true and you are found to be, say, 10% at fault, you would be responsible for 10% of the awarded damages (and therefore would not receive those funds). If a jury awarded you $100,000 in damages and you were found to be 10% at fault, you would still receive $90,000—perhaps not what you were looking for, but still far more than you would receive in Washington, DC.

This is a fairer system, as should be obvious. Assigning percentages is a good start and a great way to ensure the fairness of the system. You might not be blameless, but if Illegal Left Turn Larry makes that left in front of you while you’re speeding, you won’t have to scrape the funds together to recover.

Should I File Suit? 

If you're injured due to the accident and need assistance, then the answer is yes. With the pure comparative fault rule in place here in Florida, filing suit if damages are needed to help you cope with the accident is a good idea, even if you’re partially at fault. You will still receive damages based on how much fault the other party held and you will still get the help you need. You will be penalized for your fault, but not by 100%. This makes getting you compensated for your injuries easier and creates a system in which you won’t feel pressured to not file just because you know you were slightly in the wrong. If this is you, be sure to call an experienced attorney—it’s to your benefit!