Florida Drivers Beware! 51% Fault Rule Could Ruin Your Personal Injury Case

Florida drivers, this law could cost you your entire case, and you’ve probably never heard of it. Here’s something most people in Florida don’t know. If you’re even just barely more than 50% at fault in an accident, you get nothing. Florida used to follow a pure comparative negligence rule that meant you could be 90% at fault and still recover 10% of your damages. But as of 2023 that’s changed. Now we follow modified comparative negligence. If you’re found 51% or more responsible for your own injuries, you’re completely barred from any recovery. That means, if the other side can shift just enough blame onto you, your case could be over, even if you were badly hurt, even if the other driver was clearly reckless, and this has become a major strategy for insurance companies. They’re not just defending their client anymore. They’re looking for ways to make you the problem. Did you speed up at the intersection? Were you looking at your phone? Did you delay getting the medical care? Every move you make after the accident can now be used to shift the blame and sink your case in Florida, it doesn’t take much to go from injured to ineligible before the insurance company flips the blame. Call us you.