What is comparative negligence in Florida?
Comparative negligence assigns a percentage of responsibility to each party and reduces each claimant's recovery by their share.
Florida now uses a modified system. Recovery is reduced proportionally, and barred entirely for a party greater than 50 percent at fault.
Who gets assigned fault. Not just the two drivers. A jury can apportion fault among multiple parties, and in some circumstances among non-parties. That matters because fault assigned elsewhere reduces what a particular defendant owes.
How it's decided. By the jury, based on the evidence. It isn't determined by the police report, by the citation, or by the insurer's assessment — though all three influence negotiation.
Where it's contested. Speed, attention, right of way, following distance, whether either driver could have avoided the crash, and increasingly whether a seat belt was worn.
One exception: medical negligence claims retain pure comparative negligence, without the greater-than-50-percent bar.
Fault is a jury question. The citation and the report are just opening positions. ---
Talk to an Attorney — Free
An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.