What is Comparative Fault?

People often ask if they can still pursue a claim for damages if they were at fault for their accident. Well, If you were 100% at fault for causing the accident, the answer is no. However, there are many accidents where more than one person did something, or failed to do something, that caused or contributed to the accident. This is called comparative fault.

And it is important to know that Florida is a comparative fault state. This means that more than one person can be determined to have been at fault for an accident. For example, in an intersection accident, it could be determined that both parties are equally at fault for the accident. If this were to occur, any recovery you may have would be decreased by your percentage of fault. So, in this example, if your injuries were valued at $100,000, and you were determined to be 50% at fault, the most you could recover would be $50,000. The same analysis applies regardless of how many people are at fault for the accident.