Can You Still File a Car Accident Claim If You Were Partially at Fault in Florida?

If you've recently been involved in a car accident in Florida and believe you may share some responsibility, it's natural to wonder if you're still entitled to seek compensation. The short answer is yes, Florida law allows injured individuals to pursue a claim even if they were partially at fault. However, there are important limits and legal standards that affect how much compensation you can recover.

Florida follows a legal principle known as modified comparative negligence. Under this rule, you can still file a claim for damages as long as you are not found to be more than 50% at fault for the accident. If you're 51% or more responsible, you are barred from recovering any compensation. If you're less than 51% at fault, you can still recover damages, but the amount you receive will be reduced by your percentage of fault. For instance, if a jury finds you 20% responsible for the crash and your total damages are $100,000, your award would be reduced by $20,000, leaving you with $80,000.

This framework is designed to hold people accountable for their actions while still allowing accident victims to recover the compensation they need to rebuild and recover. But to benefit from these protections, it’s critical to understand how fault is assessed and how an experienced attorney can help present your case effectively.

How Fault Is Determined After a Crash

Establishing fault in a car accident involves a thorough evaluation of the circumstances surrounding the incident. Law enforcement officers who respond to the scene typically file a report that includes statements from drivers, witnesses, and their own observations. Insurance adjusters also conduct investigations and may use photographs, dashcam footage, black box data, and even accident reconstruction experts to piece together what happened.

Some scenarios may clearly indicate shared fault. For example, suppose one driver was speeding while the other made an improper left turn. Both actions could have contributed to the accident, and fault would be assigned accordingly. A 70/30 split might be determined depending on the severity and impact of each driver’s decisions.

Because these determinations are often subjective and open to interpretation, having legal representation early on can be a game changer. At Kemp Injury Law, we work to ensure that your side of the story is fully documented and presented, helping you avoid being unfairly blamed for more than your fair share of responsibility.

Damages You Can Still Recover If You Share Fault

Even if you were partially responsible for the crash, you may still be entitled to a wide range of damages. These typically fall into two categories: economic and non-economic.

• Medical Expenses: These include emergency care, hospital stays, surgeries, medications, physical therapy, and ongoing medical treatment.
• Lost Income: If your injuries prevent you from working, you may be able to claim compensation for lost wages and diminished future earning capacity.
• Property Damage: Repair or replacement of your vehicle and any personal property damaged in the crash can be included in your claim.
• Pain and Suffering: These damages compensate for the physical discomfort and emotional impact of your injuries.
• Emotional Distress: Anxiety, depression, PTSD, and other mental health conditions stemming from the accident may also be considered.

The more serious your injuries and the greater your long-term losses, the more essential it becomes to ensure you’re not assigned an unfair level of fault. Your percentage of responsibility directly impacts how much of these damages you can collect, so even a small shift in liability can result in significant financial differences.

The Importance of Experienced Legal Representation

In car accident cases where fault is shared, insurance companies often exploit the situation to minimize their financial exposure. They may attempt to exaggerate your role in the accident or undervalue the extent of your injuries. It’s not uncommon for adjusters to pressure injured drivers into quick settlements or trick them into making statements that can be used against them later.

By working with experienced car accident attorneys, you gain a team that knows how to challenge these tactics and protect your rights. Our job is to gather strong evidence, consult with experts if needed, and build a solid case that clearly reflects the true events of the accident. We ensure that any comparative fault applied to your claim is fair and based on facts, not assumptions or insurance company strategies.

Contact Kemp Injury Law if You’ve Been Hurt in a Winter Haven Car Accident

At Kemp Injury Law, we take every detail seriously. From reviewing the crash report to locating new witnesses and consulting with medical professionals, we leave no stone unturned in our fight to help you recover full and fair compensation. Even if you made a mistake that contributed to the accident, you shouldn’t be punished beyond reason.

If you've been injured in a Florida car accident and believe you may be partially at fault, it’s important to act quickly. Time limits apply to personal injury claims, and gathering evidence early can make a major difference in the outcome of your case. Don’t let uncertainty or fear stop you from pursuing the financial support you need to heal and move forward. Contact us today to schedule a free consultation and get the answers you deserve.