Florida Operates Under A Pure Comparative Negligence Standard
Florida operates under a pure comparative negligence standard could maintain an action against Driver 2 for negligence, and recover, even if the jury determined that Driver 1 was 50%, or more, at fault. A recovery is possible because Florida operates under a comparative negligence standard, which does not bar recover but rather merely reduces your recovery by the amount of your negligence. In other words, if the jury determined that Driver 1 proved damages of $10,000.00 and that he was 50% at fault for the accident, Driver one would recover $5,000.00 ($10,000.00 x 50%). The bottom line is that if you are in an accident, don’t forgo a claim because you think you might bear some fault. Comparative negligence can be tricky so you may want to hire an experienced personal injury who can advocate zealously on your behalf.