Yes, in most cases. Florida follows a modified comparative negligence rule, which means you can still recover compensation even if you share some fault for an accident, as long as your portion of fault does not exceed 51 percent. Your final award is simply reduced by your percentage of fault. At Lusko Law, we see this issue brought up often in car accidents, motorcycle wrecks, and slip and fall claims across Pensacola.
How Florida’s Fault Rule Works in Practice
Under this rule, a jury assigns a percentage of fault to each party involved in an accident. For example, if you were found 20 percent at fault for a car accident and your damages totaled $100,000, you would recover $80,000. Once a person’s share of fault crosses the 51 percent threshold, Florida law bars recovery entirely, which makes an accurate fault assessment critical.
Why the Fault Percentage Gets Disputed
Insurance companies often try to shift a larger share of fault onto the injured party, since a higher percentage lowers their payout or eliminates it altogether. At Lusko Law, this is one reason the evidence collected right after an accident in Pensacola, such as photos, witness statements, surveillance video and official reports, plays such a significant role in the outcome. Without that evidence, an adjuster’s fault estimate may be unfairly attributed to you so that they can claim you are not owed any damages.
What Affects How Fault Gets Calculated
Fault determinations draw on police reports, traffic camera footage, vehicle damage patterns, and eyewitness accounts. Motor vehicle traffic deaths reached 41,241 nationally in 2024, according to CDC data, which is part of why insurers scrutinize fault percentages so closely in every claim. Each piece of evidence adds weight to one side of the fault calculation or the other.
Working With an Attorney on Fault Disputes
An attorney can push back when an insurance company assigns an unfairly high percentage of fault. At Lusko Law, our personal injury lawyers gather independent evidence and, when needed, bring in accident reconstruction specialists to counter an inflated fault assessment for our clients. This kind of pushback comes up across our personal injury and vehicle wreck cases and often makes the difference between a reduced settlement and one that reflects the full extent of the harm.
Talk to Us About Your Accident
If an insurance company has claimed you were partly at fault for an accident in Pensacola or the surrounding area, it does not necessarily end your claim. A fault percentage assigned by an adjuster is a starting position, not a final ruling, and it can often be challenged with the right evidence. Reach out to our Pensacola personal injury lawyers at (850) 308-4011, info@luskolaw.com or through our consultation page to go over what happened in your case.