Can I Still Sue If I Was Partially at Fault for the Car Accident?

If you’ve been in a car accident in Florida and think you might be partly to blame, you’re not alone—and you’re not necessarily out of luck. Many drivers assume that if they share any fault, they can’t recover anything. But under Florida law, that’s not exactly true.

Florida’s Comparative Negligence Law

Here’s the deal: Florida follows a system called modified comparative negligence. This means you can still pursue compensation as long as you’re not more than 50% at fault. So, if you were 20% responsible for the crash, you can still recover 80% of the total damages awarded.

Let’s say your total damages come out to $100,000. If a court decides you were 20% at fault, you’d still be eligible to receive $80,000. It’s not all-or-nothing, and that’s a big deal.

What Determines Fault?

Fault can be tricky to figure out. It’s not always about who hit who. Were you speeding? Distracted? Did you miss a stop sign? Small decisions can impact how fault is assigned. Insurance adjusters and attorneys will look at police reports, witness statements, photos, and sometimes even accident reconstruction experts to sort it out.

Insurance Companies Will Use It Against You

Let’s be real—insurance companies will jump at any chance to shift more of the blame onto you. The more fault they can pin on you, the less they have to pay. That’s why it’s critical not to admit anything without fully understanding your legal position.

Why Legal Help Is Essential

If you’ve been in a car accident in Florida and believe you might carry part of the blame, talking to an attorney can help you figure out your actual level of liability—and what you can still recover. Attorney Kevin Sullivan knows how to deal with these cases and can help you make sure your percentage of fault doesn’t unfairly outweigh the facts.

Being partially at fault doesn’t mean walking away empty-handed. It means playing smart and protecting your rights. If you’re dealing with a car accident in Florida, call Attorney Kevin Sullivan at (813) 598-4868. Don’t guess what you’re owed—get clarity, and get back in control.

This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your auto accident attorney Largo and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.