November 28, 2025
After a car accident leaves you injured, the question of fault becomes central to your case. Florida’s comparative negligence law affects how much compensation you can recover, even when you share some responsibility for what happened. Understanding this law helps you protect your rights and fight for fair compensation.
What Is Comparative Negligence In Florida?
Florida uses a “pure comparative negligence” system. You can still recover damages even if you were partly responsible for the accident. Your compensation just gets reduced by whatever percentage of fault gets assigned to you. Think of it this way. You’re in a crash that caused $100,000 in damages. The court decides you were 20% at fault because you were going a bit over the speed limit. The other driver was 80% responsible for running a red light. You’d recover $80,000 instead of the full amount. This is more generous than some states that won’t let you recover anything if you’re more than 50% responsible. Florida’s approach gives you more options. But there’s a catch. Insurance companies will fight to assign you as much blame as they possibly can.
How Do Insurance Companies Try To Reduce My Compensation?
Insurance adjusters start picking apart your case the second they hear about your accident. They examine every detail, trying to shift blame in your direction and reduce what they owe.
Common tactics include claiming you were:
- Speeding or driving aggressively
- Distracted by your phone or passengers
- Following too closely
- Failing to yield the right of way
- Not wearing your seatbelt properly
These might seem like minor points. They’re not. Even small fault assignments can slash your settlement by thousands of dollars.
What Evidence Do I Need To Prove The Other Driver’s Fault?
You need solid evidence to fight back against fault accusations. Police reports carry weight, sure. But they’re not the final word on what happened. Witness statements, traffic camera footage, accident reconstruction analysis, and photos from the scene tell a story that’s hard to argue with. Skid marks, vehicle damage, debris patterns, and road conditions. All of it provides clues about how the crash actually occurred. Document everything as soon as you can. Medical records play a bigger role than most people realize. If your injuries are consistent with a rear-end collision, that supports your version of events when the other driver claims you stopped suddenly for no reason.
Can I Still Get Compensation If I Was Partially At Fault?
Yes, you can recover damages even if you share some responsibility. Your award just gets reduced by your percentage of fault. Let’s say your total damages are $50,000 and you’re found 30% at fault. You’d still recover $35,000. But if the insurance company convinces anyone you were 50% at fault instead, you’d only get $25,000. That’s a $10,000 difference based solely on how fault gets assigned.
Why Do Insurance Companies Make Early Settlement Offers?
Insurance companies count on most people not understanding comparative negligence. They use that knowledge gap to their advantage every single day. An adjuster might offer you a quick settlement while casually suggesting you were partially at fault. They’re hoping you’ll accept less than you deserve without asking questions. Those early offers rarely account for the full value of your claim. They definitely don’t reflect a fair assessment of who’s actually responsible. At Tuttle Larsen, P.A., we’ve watched adjusters try to pin 30%, 40%, sometimes even 50% of the blame on victims who bear little to no responsibility for what happened.
How Does Having A Lawyer Change My Case?
Everything changes when you have a St. Lucie County car accident lawyer on your side. Insurance companies take cases more seriously when they know you’ve got professional representation. We gather evidence. We interview witnesses. We work with accident reconstruction specialists to build a clear picture of what actually happened. We also push back hard against inflated fault allegations. If an insurer claims you share 40% of the blame, we present evidence showing exactly why that’s wrong. Reducing your assigned fault by even 10% or 20% can mean thousands of additional dollars in compensation. Sometimes tens of thousands.
What Happens If My Case Goes To Trial?
Most car accident cases settle before they ever see a courtroom. But sometimes litigation becomes necessary. When a jury decides fault percentages, it considers all the evidence that both sides present. Testimony, expert analysis, and physical evidence from the scene. Everything gets weighed. Juries in Florida receive specific instructions about how comparative negligence works. They assign a percentage of fault to each party involved, then calculate damages based on those numbers. The more convincing your evidence is, the less fault they’re likely to assign to you.
A St. Lucie County car accident lawyer can review the facts of your case, challenge unfair fault assessments, and make sure you recover everything you’re entitled to under Florida law. Understanding how fault affects your case helps you avoid common pitfalls and fight for the compensation you actually deserve.
