Contributory Fault

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Understanding how fault is determined in personal injury cases is crucial, especially in St. Petersburg, Florida. The legal concept of “comparative fault” can significantly impact your ability to recover damages after an accident. While some states still adhere to strict contributory fault rules, Florida has adopted a more nuanced approach known as comparative negligence.

This article will delve into Florida’s comparative fault system, explaining how it works and what it means for your personal injury claim in St. Petersburg.

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What Is Contributory Fault?

Under contributory fault, also referred to as contributory negligence, an injured party is barred from recovering any economic and non-economic damages if they bear any degree of fault for causing an accident. For instance, a driver could be 99% to blame for causing a collision, but the accident victim would be barred from receiving damages because they were 1% to blame.

Contributory fault is considered a harsh rule for apportioning damages after an accident. Only four states and the District of Columbia continue to use contributory fault today.

Understanding Florida’s Comparative Fault System

Until 2023, Florida operated under a pure comparative fault or comparative negligence system. This system is the opposite of contributory fault — as long as the victim was less than 100% at fault, they could still recover compensation. The amount would just be reduced by their percentage of fault. So, even an injured victim who was 99% at fault for causing an accident could still receive 1% of their damages.

However, in 2023, the Florida legislature adopted a modified comparative fault standard for negligence claims. Victims can be barred from recovering damages for an accident if their level of fault exceeds the statutory percentage. Under this new law, a claimant can recover damages only if their degree of fault is 50% or less. If a party is found to be 51% or more at fault for an accident, they can be completely barred from receiving any compensation for their injuries.

How Is Comparative Fault Calculated in a St. Petersburg Accident Case?

Suppose the damages for your accident totaled $500,000. However, you were found to be 35% at fault. Your damages can then be reduced by 35%, or $175,000, and you would recover $325,000. But if your level of responsibility was 51% or more, that same $500,000 claim would vanish entirely, leaving you with nothing.

This stark shift in the legal landscape underscores the critical importance of understanding your potential liability in any accident, as a seemingly minor lapse in judgment could have significant financial ramifications.

Jurors are usually the triers of fact in a personal injury lawsuit. They determine which parties contributed to the cause of the accident and the percentage of blame the parties share. Jurors base their verdict on the evidence presented at trial, including physical evidence, eyewitness testimony, documentary evidence, and expert testimony.

How Does Comparative Fault Impact an Accident Settlement in Florida?

You are not required to admit any level of fault for an accident during negotiations or settlement discussions. However, if the other side believes they have proof of shared fault, they will offer less to settle the claim. Their attorneys may argue that if the case were to go to trial, a jury could award less in damages and/or hold you to a higher level of fault.

Insurance companies use comparative fault as a negotiating tool. When a victim is not represented by a lawyer, an insurance company may use allegations of blame as a threat to pressure the victim to accept an unfair settlement offer. If the insurance company even hints that you could be at fault, seek legal advice immediately.

What Should I Do After an Accident in St. Petersburg, FL?

There are several ways you can protect your rights after an accident in St. Petersburg. Besides understanding how contributory fault and comparative negligence work, it is also important to know that your actions after an accident can impact the outcome of your health and your legal claim.

After an accident, you can protect yourself by remembering to:

Report the accident immediately by calling 911.
Do not make statements about fault at the accident scene or to the police. This includes not apologizing for the accident or making assumptions about causation.
Speak to witnesses only to collect their contact details.
Limit the discussion with the police to the facts of what happened; do not discuss who is at fault.
If you are able, take photographs and videos of the accident scene and your injuries.
Seek immediate medical treatment to document injuries, even if you don’t think you were hurt. Continue medical care as your providers recommend.
Keep records of all expenses related to the accident and ‌your injuries, including copies of any paperwork, receipts, or bank statements.

You can’t stop someone from blaming you for an accident in St. Petersburg. But you can get legal help to protect yourself.

Call Graves Thomas Injury Law Group Today for a Free Consultation With Our St. Petersburg Personal Injury Attorneys

If you are being blamed or are partially at fault for an accident in St. Petersburg, Graves Thomas Injury Law Group can help. Our attorneys have extensive experience handling all types of accident cases, including those with claims of comparative fault.