What Is the 51% Rule in Florida After a Car Accident?
If you were partly responsible for a car accident in Maitland, you may still be able to recover compensation. However, Florida’s comparative fault law can significantly affect how much you receive.
Florida follows a modified comparative fault system. Under Florida Statutes § 768.81, a person who is found to be more than 50% responsible for his or her own harm generally cannot recover damages in a negligence action covered by the statute.
That is where the phrase “Florida’s 51% rule” comes from.
How Does Florida’s 51% Rule Work?
The easiest way to understand the rule is with an example.
Suppose another driver causes a crash in Maitland, and your damages total $100,000.
If you are found:
- 0% at fault: Potential recovery = $100,000
- 10% at fault: Potential recovery = $90,000
- 25% at fault: Potential recovery = $75,000
- 50% at fault: Potential recovery = $50,000
- 51% at fault: You generally cannot recover damages under Florida’s modified comparative fault rule
The difference between being assessed 50% and 51% of the fault can therefore be substantial.
Can I Recover if I Am Exactly 50% at Fault?
Generally, yes.
Florida’s statute applies the bar when a person is greater than 50% at fault. If the injured person is exactly 50% responsible in a claim governed by the statute, compensation can still generally be recovered, but it would be reduced according to that percentage of fault.
For example, $80,000 in damages reduced by 50% would result in $40,000.
Who Determines Fault After a Maitland Car Accident?
Insurance companies frequently investigate fault when evaluating car accident claims. However, an insurer’s initial determination does not necessarily determine what percentage of fault would ultimately be assigned in litigation.
Evidence can include:
- Police crash records
- Photographs and videos
- Witness statements
- Vehicle damage
- Dashcam footage
- Surveillance video
- Traffic signals and roadway evidence
- Electronic or vehicle data when available
- Testimony from the drivers involved
In disputed cases, the evidence surrounding the collision can become especially important.
What if the Insurance Company Says I Caused the Crash?
You do not necessarily have to accept an insurance company’s assessment of fault.
For example, an insurer might argue that you were speeding, following too closely, distracted, or failed to take reasonable action to avoid the collision. Those allegations should be evaluated against the physical evidence, witness accounts, crash documentation, and applicable Florida law.
Because your percentage of fault can directly affect whether you recover compensation and how much you receive, disputed liability can be one of the most important issues in a car accident claim.
Does the 51% Rule Apply to Every Florida Injury Case?
No. Different causes of action can be governed by different rules, and Florida’s statute specifically excludes medical-negligence actions from the greater-than-50% bar contained in § 768.81(6).
The law applicable to a particular case depends on the nature of the claim.
Speak With a Maitland Car Accident Lawyer
If you were injured in a collision and another driver or insurance company is attempting to place some of the blame on you, Kennon Law can investigate how the accident occurred and evaluate how Florida’s comparative fault law may affect your claim.
Our Maitland car accident lawyers represent injured clients throughout Maitland and Central Florida. Kennon Law’s office is located at 1009 Maitland Center Commons Blvd in Maitland.
Contact Kennon Law for a free consultation about your car accident claim.
Because your percentage of fault can directly affect the value of a claim, you may also want to read about the average car accident settlement in Florida.