Yes, Florida is a comparative negligence state. However, the law was recently changed to a modified comparative negligence standard rather than pure comparative negligence. Under comparative negligence, accident victims are able to claim compensation for damages, even if they are partially at fault for the crash. However, the amount they receive is reduced by the percentage of fault they carry.
With a modified comparative negligence standard, victims may only recover damages if they are deemed 50% or less at fault for the accident. If the injured person is more than 50% responsible for the crash, they are not able to take legal action and recover damages. If you’re unsure of your role in your car accident, contact an experienced car accident lawyer to better understand your rights.