Can You Be Found at Fault if Someone Hits You in Florida?

If you are hit by another driver, you expect them to be held responsible for any damages they may have caused. But under Florida’s modified comparative negligence rule, that’s not always the case.

If someone hits you in Florida, you might naturally assume that the other driver is automatically at fault. However, determining fault in car accidents can be complex, and under Florida law, you can still be found partially at fault even if another driver hits you. Here’s an in-depth look at how fault is determined and what it means for your case.

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Florida’s comparative negligence rule

With the passing of  House Bill 837 in March 2023, Florida now operates under a modified comparative negligence rule rather than a pure comparative negligence system. This new law means that fault for an auto accident is not solely placed on one party and damages are awarded proportionally based on each party’s degree of responsibility. However, under modified comparative negligence, individuals who suffer injuries due to negligence can recover damages only if they are found to be 50 percent or less at fault for their injuries. If a person injured in an accident is more than 50 percent responsible, the new law prevents them from recovering any damages.

A real-world example of Florida’s comparative negligence rule

To help illustrate Florida’s modified comparative negligence law, our Florida accident attorneys created this scenario. Jane is driving through an intersection when John, coming from the opposite direction, makes a left turn and collides with her car. Both parties suffer injuries and decide to file claims for damages.

However, after an investigation, the evidence shows that Jane was driving 10 miles over the speed limit and John failed to yield the right of way while making a left turn. The court determines then determines that John is 60% at fault for failing to yield the right of way. Jane is found to be 40% at fault for speeding.

Since John is more than 50% at fault (60%), under Florida’s modified comparative negligence rule, he is barred from recovering any damages. Jane’s fault is deemed to be less than 50%. Therefore, she can recover damages. However, her compensation will be reduced by her percentage of fault. If Jane’s total damages amount to $100,000, her compensation will be reduced by 40% (her percentage of fault), leaving her with $60,000.

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Scenarios where you may be found partially at fault

Determining fault after a car accident in Florida is not always clear. Here are a few scenarios that can cause you to be found partially at fault—even if the other driver hits you.  

Failure to avoid the accident:

If you had the opportunity to take evasive action to avoid the collision but failed to do so, you might be held partially responsible. This could include situations where you didn’t brake or swerve in time.

Violation of traffic laws:

If you were violating traffic laws at the time of the accident, such as running a red light, speeding, driving under the influence, texting while driving, or not wearing a seatbelt, could affect your liability.

Improper vehicle maintenance:

If your vehicle had maintenance issues that contributed to the accident, such as faulty brakes or broken lights, you might be found partially at fault.

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Why you should hire a Florida car accident attorney

This is a great example of why it’s important to hire an experienced Florida car accident attorney if you are ever involved in a crash. An experienced attorney will properly investigate the case and make sure your percentage of fault is appropriately determined. We have seen instances where individuals did not have legal representation and the other driver’s insurance company tried to incorrectly place blame on them to avoid fair payouts.

Insurance companies play a significant role in determining fault. They will investigate the accident, review the evidence, and assign fault based on their findings. It’s important to remember that insurance companies aim to minimize payouts, so having legal representation can help ensure your rights are protected and you receive fair compensation.

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Injured in an accident in Florida?

Call the Florida Accident Attorneys at Darrigo & Diaz for a free consultation at (813) 774-3341

For over 25 years, the Florida car accident attorneys at Darrigo & Diaz have fought tirelessly on behalf of Central Florida accident victims and their families. We specialize in all types of automobile accidents, including accidents involving commercial trucks, drunk drivers, motorcycles, left-hand turns, pedestrians and bicyclists.

If you’ve been injured in an accident in Florida, contact us immediately through our secured contact form. Or call our office at (813) 774-3341 to schedule your free, no-obligation consultation and connect with an experienced and knowledgeable accident lawyer.