Do I Still Have a Case If the Accident Was Partly My Fault?

A lot of people come to me and say,

“I was in a crash… but I think it was partly my fault. Do I still have a case?”

My answer? Maybe — and you’d be surprised how often the answer is yes.

Florida uses something called comparative negligence, and it means that even if you were partially at fault, you might still be able to recover compensation. Let me explain how it works.

What Is Comparative Negligence?

In Florida, personal injury claims follow a legal principle called modified comparative negligence. As of 2023, the rule is this:

✅ You can still recover damages as long as you’re not more than 50% at fault.
🚫 If you’re found to be 51% or more at fault, you can’t collect anything.

So if you were, say, 30% at fault, you could still recover 70% of your total damages.

It’s all about proportion — and the details matter.

Real-Life Example:

Let’s say you were rear-ended, but your brake lights weren’t working properly. The other driver was speeding, texting, and slammed into you.
You might share some blame for not maintaining your vehicle, but the majority of fault could still fall on the other driver.

If a jury says you’re 20% at fault and your damages total $100,000, you could still receive $80,000.

Why You Should Never Assume Fault Without Talking to a Lawyer

Here’s the thing — people often blame themselves too quickly after an accident.
Maybe you were nervous. Maybe the other driver made you feel guilty. Maybe the police report didn’t capture the full story.

But assigning legal fault is more complicated than just saying “I made a mistake.” It takes a deeper look at:

• Road conditions

• Vehicle maintenance

• Witness statements

• Traffic laws

• Surveillance footage

• The other driver’s actions

That’s where we come in — to dig into the facts and build a case that reflects the truth.

Insurance Companies Will Try to Put More Blame on You

Even if you were only slightly responsible, the insurance company will try to push that number higher to reduce your payout — or eliminate it altogether.

That’s why it’s critical to have someone in your corner who knows how to push back and protect your rights.

Bottom Line: Don’t Count Yourself Out Too Soon

If you’ve been in an accident and you’re worried about being partially at fault, don’t guess. Don’t assume. Talk to a lawyer who will actually look at the details and fight for what’s fair.

Call me, and we’ll figure it out together. You might have more of a case than you think.

— Aaron