If you’ve been injured in an accident in Florida, understanding how fault is assigned can be just as important as documenting your injuries. That’s because Florida follows a comparative negligence system, and a major update in 2023 has significantly changed how much compensation victims can recover when more than one party is responsible for a crash.
In this post, we’ll walk you through the updated law, what it means in real-world scenarios, and how to protect your right to compensation.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to determine how fault is divided among all parties involved in an accident. In Florida, this means:
If you were partially at fault for your injuries, your compensation can be reduced based on your percentage of responsibility.
For example, if your damages total $100,000 but you are found to be 20% at fault, you would only be eligible to recover $80,000.
Florida’s 2023 Update: Modified Comparative Negligence
Prior to March 2023, Florida used a pure comparative negligence system, which allowed an injured person to recover damages even if they were 99% at fault, albeit only for the 1% they weren’t.
However, as part of House Bill 837 (HB 837), Florida adopted a modified comparative negligence system with a crucial change:
You can no longer recover damages if you are found to be more than 50% at fault for the accident.
This new rule applies to all personal injury cases, except for those involving medical malpractice, which still follow the previous system.
You can view a summary of HB 837 and the modified negligence rule at the Florida Senate website.
How the New Law Works: Real-World Examples
Understanding your rights under this new rule is easier with practical examples:
Example 1: Two-Car Accident
You’re rear-ended at a stoplight, but investigators find your brake lights weren’t working. You’re assigned 30% of the fault.
➡ Result: You can still recover damages, but they’ll be reduced by 30%.
Example 2: T-Bone Collision
You’re driving through an intersection when another car runs a red light. But dashcam footage shows you were also speeding. You’re found to be 55% at fault.
➡ Result: Under Florida’s new law, you are not eligible to recover damages because you’re over the 50% fault threshold.
Example 3: Passenger in a Multi-Car Crash
As a passenger, you weren’t driving, but both your driver and another vehicle were involved. Each driver is found to share 50% of the blame.
➡ Result: You can recover from both drivers proportionally, since you are not personally at fault.
For more on this topic, see Passenger Injured in a Crash: Who’s Liable in Florida?
Why This Law Matters for Your Injury Claim
Insurance companies often conduct their own investigations and may try to assign fault unfairly to reduce their payout. Under the new law, even a slight shift in fault percentage–from 49% to 51%–can mean the difference between compensation and nothing.
This is especially critical in:
- Multi-vehicle accidents
- Claims involving speeding or distracted driving
- Accidents with limited evidence or conflicting stories
That’s why it’s so important to consult with an experienced Boca Raton car accident lawyer as early as possible.
Protecting Your Rights Starts with the Right Representation
Florida’s modified comparative negligence rule places added pressure on injury victims to prove they were less than 50% responsible. At Silver Injury Law, we take that burden off your shoulders. We investigate accidents thoroughly, challenge unfair fault assignments, and fight for the compensation you’re legally entitled to receive.
Request a Free Consultation Today
If you’ve been injured in a car accident and are unsure how the new comparative negligence law affects your claim, contact Silver Injury Law for a free consultation. We’ll help you understand your options and build a strategy that supports your recovery, financially and physically.
