Can I Still Bring a Claim if I Was Partially At Fault for the Crash in Florida?
You may still be able to bring a claim in Florida even if you were partially at fault for the crash. Being assigned some responsibility does not automatically prevent recovery. Instead, Florida law generally reduces compensation based on your percentage of fault, and in some situations may bar recovery if your fault is greater than the other party’s.
Partial fault does not always end a case. In many Brandon crashes, the key issue becomes how fault is divided and how that affects damages. At Carman and Finegan, our Brandon, FL car accident lawyers can help determine how this impacts your case.
How Florida Comparative Negligence Rules Work
Florida follows a modified comparative negligence system under Florida Statutes § 768.81. In many negligence claims, compensation can be reduced by the injured person’s share of responsibility.
For example, if a driver suffered $100,000 in damages but was found 20% at fault, recovery could be reduced to $80,000. If the driver was more than 50% at fault, recovery may be barred under current law in many negligence actions. Because percentages matter, even small disputes over fault can significantly affect the outcome.
Common Brandon Crash Situations Where Fault Is Shared
Shared fault arguments often arise after collisions in Brandon and nearby Hillsborough County. Insurance companies frequently raise them after crashes near Interstate 75, State Road 60, or congested intersections around Brandon Boulevard.
Examples include:
- One driver was speeding while the other made an unsafe turn
- A rear-end crash where sudden braking is disputed
- A lane-change collision involving both drivers
- A driver failed to yield while the other was distracted
- Rainy road conditions combined with careless driving
These cases are often more nuanced than a police report alone suggests.
What Evidence Helps Reduce Blame
When another party claims you caused part of the crash, evidence becomes extremely important. Our Brandon, FL car accident attorneys often look for documentation that clarifies what really happened.
Helpful evidence may include:
- Crash reports
- Intersection or traffic camera footage
- Vehicle damage patterns
- Witness statements
- Phone records when distraction is alleged
- Skid marks or scene photos
- Medical records connecting injuries to the impact
Early investigation can preserve evidence before it disappears.
How PIP Coverage Fits Into a Partial Fault Claim
Florida drivers usually first look to Personal Injury Protection (PIP) coverage for initial medical bills and certain wage losses, regardless of fault. That means even when fault is disputed, some benefits may still be available through your own policy, subject to policy limits and statutory requirements.
If injuries are serious enough to move beyond PIP, comparative negligence may become central in any bodily injury claim against the other driver.
Why Insurance Companies Raise Partial Fault Arguments
Insurers often assert shared blame because lowering your percentage of recovery can reduce what they pay. They may argue you were following too closely, driving too fast, not paying attention, or failing to react in time.
That does not mean their position is correct. Fault determinations should be based on evidence, roadway conditions, witness accounts, and applicable traffic laws.
Bring Your Brandon Crash Claim to Carman and Finegan
If an insurer says you were partially responsible, do not assume you have no case. Our Brandon, FL car accident lawyers at Carman and Finegan can review the facts, explain how comparative negligence may affect your claim, and help you assess next steps. Call 813-437-3830 or contact us online to discuss your situation.