Understanding Comparative Negligence and Why You Should Still Talk to a Lawyer
So you were in a car accident, and here’s the part no one likes to admit: you may have been partly at fault. Maybe you were speeding just a little. Maybe you didn’t see that stop sign until it was too late. Or maybe you’re not even sure what you did wrong, but the other driver is pointing fingers.
Now you’re wondering: Can I still recover damages if I was partially to blame?
Here’s the good news: in many cases, yes, you can. But how much you can recover depends on something called comparative negligence. Let’s break it down.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to determine who’s responsible for an accident when more than one person shares the blame. It doesn’t mean you walk away with nothing if you weren’t 100% innocent; it just means your compensation might be adjusted based on your level of fault.
There are two main types of comparative negligence systems, and which one applies depends on the state you’re in:
1. Pure Comparative Negligence
In this system, you can recover damages even if you were 99% at fault, but your compensation will be reduced by your percentage of fault. For example, if you were awarded $10,000 and found to be 40% at fault, you’d still receive $6,000.
2. Modified Comparative Negligence
Most states use this version. Here’s the twist: you can only recover compensation if you were less than 50% (or, in some states, 51%) at fault. If you were more than halfway to blame, you’re out of luck. If you were less than that, your compensation is reduced, just like in the pure system.
Not sure which system Florida follows? That’s a perfect reason to talk to a lawyer, but we’ll get to that in a minute.
An Example (Because Legal Terms Are Easier with Stories)
Let’s say you’re driving through an intersection. You’re doing 40 in a 30 mph zone. Another driver runs a red light and slams into you. The police report notes your speeding but also confirms the other driver clearly violated the law.
An insurance adjuster or a jury, if it gets that far, might decide you were 20% at fault for speeding and the other driver was 80% at fault for running the red light. If your total damages are $20,000, you’d be eligible to recover $16,000.
If, however, you were speeding and texting, and the other driver only rolled a stop sign, maybe the blame shifts. If you’re found 55% at fault, and your state follows a modified comparative negligence rule, you may not be entitled to anything.
Why You Should Always Talk to a Lawyer Even If You Think You Were Partly to Blame
Here’s the truth: fault is rarely black and white. It’s usually shades of gray, and those shades can mean the difference between getting compensation or getting nothing. That’s why speaking to an experienced personal injury lawyer is critical.
Here’s what a lawyer can do for you:
Investigate the Full Story
Insurance companies will happily assign you more blame than you deserve. A good lawyer will dig into the accident, witness statements, traffic cams, and crash reports to make sure the full picture is clear.
Push Back on the Insurance Company
Adjusters are trained to minimize payouts, and assigning you a larger share of the blame is one way to do it. A lawyer can challenge unfair fault percentages and fight for a more accurate assessment.
Maximize What You’re Owed
Even if you are partially at fault, you’re still entitled to damages for things like medical bills, lost wages, and pain and suffering. Your attorney will help ensure that number is fair and that you’re not lowballed.
Help You Understand Florida Laws
Every state’s rules on comparative negligence are different, and they can get complicated fast. A lawyer who knows Florida’s system can explain your rights clearly and help you avoid costly missteps. In fact, changes to the law in March 2023 drastically altered how Florida handles comparative negligence. It is important to discuss all of the facts with a lawyer who understands the current and past laws.
Don’t Let Partial Fault Stop You From Seeking Help
Feeling partly to blame after an accident can make you hesitant to pursue a claim. You might worry it’s not worth the hassle or that you don’t deserve compensation at all.
But here’s the thing: many accidents involve shared fault, and you still have rights. The legal system accounts for situations like yours, and with the right help, you could still recover meaningful compensation that helps you move forward.
Let’s Talk: No Judgment, Just Support
If you’ve been in a car accident and aren’t sure who’s to blame or you’re worried your share of the fault might disqualify you, it’s time to talk to someone who can walk you through it.
We offer free consultations, and we’ll always give you honest, straightforward answers. No pressure. No legal jargon. Just real help from people who put clients first.
You don’t have to be perfect to deserve support. Let’s figure this out together.
Call Glassman and Zissimopulos and our team of dedicated attorneys today. (352) 505-4515 or Toll-Free at (844) 787-2543. When you call, you will be able to speak with a lawyer. This is our commitment to you.