What is comparative negligence? Learn how Florida’s modified comparative negligence rule can affect compensation after a truck accident.
If you were injured in a truck accident and were partly at fault, you may still be able to recover compensation. The amount you can recover may be reduced based on your share of the fault. This is known as comparative negligence.
Comparative negligence considers each party’s percentage of fault when determining compensation after an accident. Under current Florida law, an injured person’s compensation may be reduced by their percentage of fault. Someone found more than 50% responsible for their own harm generally cannot recover damages in a negligence action.
Understanding comparative negligence in Florida is especially important after a commercial truck crash, where several drivers, companies, or other parties may have contributed to the accident.
How Does Comparative Negligence Work in Florida?
Florida follows a modified comparative negligence system. Under Florida Statute § 768.81, your compensation generally decreases according to the percentage of fault assigned to you.
For example, suppose you suffer $200,000 in damages after a truck accident but are found 20% at fault. Your damages could be reduced by 20%, leaving $160,000.
Florida changed its comparative negligence law in 2023. Under the current rule, a person found more than 50% at fault for their own harm generally cannot recover damages in a negligence action. Someone found exactly 50% at fault is not barred from recovery under that provision, although their damages may be reduced by 50%.
The difference between 50% and 51% can therefore significantly affect the outcome of a claim.
How Comparative Negligence Can Affect a Truck Accident Claim
Truck accidents are not always entirely one person’s fault.
For example, a passenger vehicle driver might make an unsafe lane change while a truck driver is speeding. Both drivers could potentially share responsibility, and the percentage of fault assigned to each could affect the injured person’s recovery.
Commercial truck crashes can become even more complicated when the trucking company, vehicle owner, maintenance provider, cargo loader, contractor, or another party may also have contributed to the accident.
Determining fault requires investigating the entire crash, not simply assuming the driver who received a citation or appears responsible at the scene bears all liability.
What If I Am Partially at Fault for a Truck Accident?
Being partially responsible for a truck accident does not necessarily prevent you from recovering compensation. Understanding what is comparative negligence and how fault affects your recovery can help you evaluate your options after a crash. An insurance company may argue that your actions contributed to the accident in an effort to reduce the amount it has to pay.
You should not assume the insurance company’s assessment of fault is correct or that you were legally responsible simply because you believe you could have done something differently.
A truck accident investigation may uncover speeding, driver fatigue, inadequate vehicle maintenance, trucking company safety failures, or other contributing factors that were not apparent immediately after the crash.
How Is Fault Determined After a Truck Accident?
Determining fault requires examining the circumstances leading up to the collision. Important evidence may include police reports, crash scene photographs, witness statements, video footage, electronic truck data, driver records, and vehicle inspection and maintenance records.
Commercial truck crashes can involve evidence that is not available in ordinary passenger vehicle accidents. Preserving and analyzing that information can help determine what each party was doing before the crash and whether safety violations contributed.
Frequently Asked Questions
Can I recover compensation if I was partially at fault for a truck accident in Florida?
Potentially. Your compensation may be reduced depending on your percentage of fault. If you are found more than 50% responsible for your own harm, Florida law generally prevents recovery in a negligence action.
What happens if I am 50% at fault in Florida?
Florida’s statutory bar applies when someone is more than 50% at fault. At exactly 50%, you may still recover damages, but the amount may be reduced by 50%.
Can more than two parties share fault for a truck accident?
Yes. Depending on the circumstances, responsibility may involve multiple drivers, trucking companies, vehicle owners, contractors, maintenance providers, or other parties.
Do Not Assume You Cannot Recover Compensation
If you believe you may have contributed to a truck crash, don’t assume that means you don’t have a case. Florida’s comparative negligence law makes the percentage of fault assigned to each party important, and commercial truck accidents can involve contributing factors that are not immediately apparent.
Florida Truck Attorneys focuses exclusively on commercial truck accident cases. We investigate the driver, truck, trucking company, electronic data, maintenance records, and other evidence that may help determine how and why a crash occurred.
If you or someone you love has been severely injured in a commercial truck crash, contact us today for a free consultation.