If I’m Partly at Fault for a Car Accident, Can I Still File a Lawsuit?

Many car accident victims worry that they cannot recover compensation if they share some responsibility for the crash. You might think that admitting any fault means giving up your right to file a lawsuit. However, Florida law recognizes that accidents often involve mistakes by multiple drivers. You may still be able to recover compensation in 2026, even if you were partially at fault.

Understanding how Florida handles shared fault in car accident cases is important for protecting your legal rights, and our St. Petersburg personal injury lawyer can help. We offer free consultations and you don’t pay unless we win.

How Does Florida’s Comparative Fault System Work?

Florida follows a modified comparative negligence system under Florida Statutes Section 768.81. Under this system, you can recover damages as long as you are not more than 50 percent responsible for the accident.

If you are 50 percent or less at fault, you can file a lawsuit and recover compensation reduced by your percentage of fault. For example, if you suffered $100,000 in damages but were 30 percent at fault, you would recover $70,000. If you are 51 percent or more at fault, you cannot recover any compensation.

What Are Common Examples of Shared Fault in Car Accidents?

Many car accidents involve shared responsibility. Common scenarios include situations where:

• You were speeding but another driver ran a red light
• You were following too closely when the car ahead made a sudden lane change without signaling
• You were momentarily distracted when another driver made an illegal turn

Insurance companies will argue that you share responsibility to reduce their payout. However, sharing some fault does not mean you are primarily responsible. An attorney can try to find evidence showing that the other driver’s actions were the main cause of the crash. Witness statements, accident reconstruction, traffic camera footage, and police reports can establish the true degree of fault.

How Do Insurance Companies Use Comparative Fault Against You?

Insurance companies frequently use comparative fault arguments to minimize the compensation they pay to accident victims. Adjusters will look for any reason to assign blame to you. They may claim you were speeding based on limited evidence or argue that you could have braked sooner to avoid the collision.

Be very careful about what you say to insurance adjusters after an accident. Admitting any fault, apologizing at the scene, or making statements about what you could have done differently can all be used against you later.

You should never accept an initial settlement offer without consulting an attorney, especially if the insurance company is arguing that you share fault. These early offers typically do not account for the full value of your damages.

Do You Need an Attorney for a Car Accident Lawsuit if You Share Fault?

Cases involving shared fault require careful investigation and strong evidence. An attorney can gather the documentation needed to build your case. This might include accident scene photos, medical records, witness testimony, and accident reconstruction analysis.

Your attorney will also handle negotiations with insurance companies who will try to inflate your percentage of fault. The recent change in Florida’s comparative fault law makes legal representation very important. The difference between being found 50 percent at fault versus 51 percent at fault is the difference between recovering reduced damages and recovering nothing.

Frequently Asked Questions About Shared Fault Car Accidents

What if the police report says I was at fault?

A police report is not the final word on fault in a car accident case. While police reports carry weight, they represent only the officer’s opinion based on limited information gathered at the scene. Police officers do not always witness the accident and may reach incorrect conclusions.

Your attorney can challenge the findings in a police report by presenting additional evidence, including witness statements, photographs, video footage, and analysis from accident reconstruction specialists. Judges and juries understand that police reports can contain mistakes and will consider all evidence when determining fault.

Can I still recover damages if I was not wearing a seatbelt?

Not wearing a seatbelt at the time of the accident can affect your case, but it does not automatically prevent you from recovering compensation. Florida courts may reduce your damages if the failure to wear a seatbelt contributed to your injuries.

However, the other driver’s negligence in causing the accident remains the primary issue. Your attorney will need to show that your injuries would have occurred regardless of seatbelt use, or that the seatbelt violation contributed only minimally to your harm. This is an issue that depends very much on the details of your injuries.

How long do I have to file a personal injury lawsuit in Florida?

Florida law gives you two years from the date of the car accident to file a personal injury lawsuit under Florida Statutes Section 95.11. If you miss this deadline, you will lose your right to pursue compensation through the courts.

However, waiting too long to take action can harm your case even if you are still within the two-year window. Evidence disappears, witnesses forget details, and insurance companies become less willing to negotiate. You should consult with an attorney as soon as possible after your accident to protect your rights and preserve important evidence.

What if the other driver did not have insurance?

If the other driver was uninsured, you may still have options for recovery through your own insurance policy. Many Florida drivers carry uninsured motorist coverage, which provides compensation when an at-fault driver has no insurance. Your uninsured motorist coverage may pay for your medical expenses, lost wages, and pain and suffering up to your policy limits.

Even in these situations, comparative fault rules still apply, and the insurance company may argue that you share responsibility to reduce their payout. An attorney can help you deal with claims against your own insurance company and ensure you receive the full compensation you deserve under your policy.

Call a Tampa, FL Personal Injury Attorney Today

If you were injured in a car accident but worry that you might share some fault, don’t assume you have no legal options. Our St. Petersburg personal injury lawyer at [[title]] can take a look at your case and help you understand your rights under Florida’s comparative fault system.

With over 900 five-star reviews and more than 20 years of experience, we have successfully recovered compensation for countless clients throughout the Tampa Bay area. We offer free consultations and are available 24/7 to discuss your case.

Call Us at 813-412-8226 to get started today.