Key points about Florida’s comparative fault rule:
- As of 2023, Florida uses a modified comparative negligence system for car accidents.
- Under the new law, if you are more than 50% responsible for a crash, you are not allowed to sue the other driver for compensation.
- Drivers still use their own no-fault PIP insurance to cover their expenses after a crash, but comparative negligence comes into play in serious injury cases.
Florida recently passed sweeping tort reform legislation that impacted Florida personal injury lawsuits. Among the numerous provisions of the new law, the legislation addresses instances in which a plaintiff’s injuries are caused, in part, by their own negligence.
Florida recently made major changes to its personal injury laws that affect how fault and compensation are handled in accident cases. One of the biggest updates affects when an injured person can sue if they share some of the blame for their own accident.
In this blog, we’ll explain what’s changed under Florida’s updated negligence law, when you can still file a lawsuit after an accident, and how your percentage of fault impacts the compensation you may receive.
If you’ve been hurt in a car crash or any other type of accident in Florida and have questions about how the new negligence laws might impact your claim, reach out to the experienced Tampa car accident attorneys at Palmer Lopez for a free consultation.
What is comparative fault?
Comparative fault is a legal rule that determines how responsibility is divided when more than one person contributes to an accident.
In a personal injury case, the court assigns each party a percentage of fault based on their role in causing the incident, and the injured person’s compensation is then reduced by that same percentage.
So, for example, let’s say you were in a T-bone collision because a driver ran a stop sign, but you were driving 5 miles over the speed limit at the time of the accident. If the court determines the accident was 10% your fault because you were speeding, your final compensation would be reduced by 10%.
What is the new comparative fault statute in Florida?
Florida’s new comparative fault statute (part of House Bill 837) changed how compensation is awarded in personal injury cases when both parties share blame.
Under this updated law, Florida now follows a modified comparative negligence system. This means that an injured person can only file a lawsuit and recover damages after an accident that results in serious injuries if they are 50% or less at fault for the crash.
If they are found more than 50% responsible, they cannot recover any compensation from the other party.
Before this change, Florida used a pure comparative negligence system, where even someone 99% at fault could still recover 1% of their damages.
The new rule significantly limits recovery for plaintiffs who share substantial responsibility for their injuries, making it more important than ever to build strong evidence proving the other party’s fault.
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When did Florida switch to modified comparative negligence?
Governor Ron DeSantis officially signed HB 837 into law on March 24, 2023. This legislation applied immediately to most negligence cases filed after that date.
The change marked a major shift in Florida’s tort law, aligning it with the majority of other states that already use modified comparative fault. For cases filed before March 24, 2023, the old pure comparative negligence rule still applies.
Can you get compensation if the accident was your fault in Florida?
Your ability to recover compensation after an accident in Florida now depends on whether you are 50% or less responsible for the accident that caused your injuries.
Under the old pure comparative negligence rule, when two drivers got into a car accident, they could both conceivably file a lawsuit against the other driver.
So, under the old rule, if the other driver was 90% liable and you were 10% liable, the other driver could sue you for 10% of their total damages, and you could sue them for 90% of your total damages.
That didn’t necessarily mean that the driver who was only 10% liable would collect more money. That depended on the extent of each driver’s injuries.
If, for example, the driver who was 90% liable sustained more severe injuries, it was possible that they could actually receive more money than the driver who was only 10% responsible for the accident.
The new Florida law changes all that. Now, you can only sue the other driver if your percentage of fault is 50% or less.
If the matter is split 50-50, as happens sometimes in car accidents, then the damages would tip toward whoever was more seriously injured. They would be allowed to collect 50% of their overall damages.
How does comparative negligence work in a no-fault state like Florida?
Under no-fault insurance in Florida, your own personal injury protection (PIP) coverage pays for your medical bills and certain lost wages after a car accident—regardless of who caused the crash. This means you typically turn to your own insurance company first, not the other driver’s, for immediate compensation.
However, if your injuries are bad enough to meet Florida’s “serious injury threshold” (such as significant and permanent loss of a bodily function, disfigurement, or death), you’re allowed to step outside the no-fault and file a lawsuit against the at-fault driver.
That’s where comparative negligence comes into play.
In short: Comparative negligence isn’t a factor in minor car accidents in Florida because each driver’s own PIP insurance pays for their damages. Comparative negligence only comes into play when you’re able to pursue additional damages after a crash that results in life-changing injuries.
Were you seriously injured in a Tampa car accident? We can help!
After a life-altering crash in Tampa, insurance companies often move fast to protect their bottom line—not your recovery.
With Florida’s new negligence laws making it harder than ever to bring a lawsuit and recover full compensation, acting quickly is essential. Gathering and preserving evidence and documenting your injuries can make a major difference in the outcome of your case.
At Palmer Lopez, our experienced Tampa personal injury attorneys stand up for injured drivers and families who’ve suffered catastrophic injuries or wrongful death because of someone else’s negligence. We know how to build solid cases under the state’s updated laws and fight for the compensation you deserve.
Contact Palmer Lopez today to schedule a free consultation and learn how our team can protect your rights and help you move forward after a life-changing accident.
