Who is at fault in an accident isn't always black and white. Often, both drivers share some blame. Florida law recognizes this, but recent changes have made the rules much stricter for injured peop...
Who is at fault in an accident isn't always black and white. Often, both drivers share some blame. Florida law recognizes this, but recent changes have made the rules much stricter for injured people. Under the new 'Modified Comparative Negligence' system, there is a strict cutoff: if you are found to be more than 50% responsible for your own injury, you cannot recover a single dime from the other party. This '51% Rule' is a game-changer for personal injury cases.
Pure vs. Modified Comparative Negligence
Before March 2023, Florida was a 'pure' comparative negligence state. This meant if you were 90% at fault and the other driver was 10% at fault, you could still sue them for that 10% of your damages. Now, Florida has joined the majority of states in using a 'modified' system. The bar is set at 51%. If a jury finds you 51% at fault, your recovery drops to zero.
The Race to 51%
This new rule gives insurance companies a powerful incentive to shift blame onto you. Their goal is no longer just to reduce your payout, but to eliminate it entirely by convincing a jury that you were mostly at fault. They will scrutinize your speed, your attention, and your actions leading up to the crash to build a case against you.
Examples of Comparative Fault
Imagine you are speeding slightly through a green light, and another driver runs a red light and hits you. A jury might find the red-light runner 80% at fault and you 20% at fault for speeding. You would recover 80% of your damages. But if you were texting and drifted into their lane, a jury might find you 60% at fault. Under the new law, you would get nothing.
Protecting Yourself from Blame
Because of this rule, evidence preservation is more important than ever. Dash cam footage, witness statements, and black box data can be the difference between recovering compensation and walking away empty-handed. You need a lawyer who knows how to fight these 'comparative negligence' defenses aggressively.
Exceptions to the Rule
It's important to note that this 51% bar applies to most negligence cases but generally does NOT apply to medical malpractice cases in the same way (which have their own complex fault rules) or to certain strict liability claims.
Contact Emas Law Group Today
The 51% rule makes Florida injury cases riskier and more contentious. You cannot afford to let an insurance company pin the blame on you. At Emas Law Group, we are skilled at investigating accidents and proving the other party's liability. We fight to ensure the fault is placed where it belongs—on the negligent driver.
Frequently Asked Questions
What happens if the jury finds fault is exactly 50/50?
If you are found exactly 50% at fault, you can still recover damages. Your recovery will be reduced by 50%. The bar applies if you are GREATER than 50% at fault (51% or more).
Does this rule apply to slip and fall cases?
Yes, the modified comparative negligence standard applies to premises liability (slip and fall) cases as well.
Can the police report determine fault percentages?
No. Police reports are often inadmissible in court. The jury determines the percentage of fault based on the evidence presented at trial.