How does comparative fault apply to legal claims in Florida?

On Behalf of | May 23, 2019 | Car Accidents |

There can be many scenarios that lead to a motor vehicle accident. For example, perhaps you were speeding when you were t-boned by a distracted driver at an intersection. The distracted driver clearly wasn’t paying attention to the road and violated traffic laws when the incident occurred. However, you were speeding, which also breaches a motorist’s duty of care. Because you were partly at fault for the crash, does this mean that you cannot pursue a legal claim against the other driver?

When it comes to lawsuits, Florida follows the laws of contributory fault. If you are suing based on negligence, the amount you will be awarded in damages will be diminished proportionally based on the amount of fault attributed to you. The judgment against each responsible party will be based on the percentage of that party’s fault. Florida does not base judgments on the doctrine of joint and several liability.

So, while some states follow laws that bar a person partially at fault from recovering damages, Florida is not one of these states. In Florida, a motorist may still pursue a legal claim even if they were partially at fault for the crash.

This is only a very basic overview of comparative fault in Florida. In the end, this post does not offer legal advice and cannot promise any specific outcome in any individual’s case. To determine if you are eligible to receive compensation following a car accident, it can help to discuss your case with a personal injury attorney.


attorneys Brad Culpepper and Brett J. Kurland