If you’ve been in a car accident in Tampa, one of the first questions that might come up is: “What if I was partly at fault?” Florida’s updated comparative negligence law plays a big role in how much compensation you can receive. At The Black Law Company, we make sure our clients understand how fault is determined—and how it can impact the value of their case.

Key Takeaways

• Florida follows a modified comparative negligence system.
• You can only recover damages if you’re 50% or less at fault.
• Your compensation will be reduced by your percentage of fault.
• Proving fault is critical to maximizing your recovery.
• A Tampa car accident lawyer can help gather evidence and fight back against unfair blame.

What Is Comparative Negligence?

Comparative negligence is a legal rule that determines how damages are awarded when more than one party shares fault in an accident. Florida updated its law in 2023 to follow a modified comparative negligence standard. Under this rule:

• If you are more than 50% at fault, you cannot recover any damages.
• If you are 50% or less at fault, your compensation is reduced by that percentage.

For example, if you’re awarded $100,000 but found to be 30% at fault, you’ll receive $70,000.

Why This Matters in Tampa Car Accident Cases

Insurance companies often try to shift blame to reduce how much they owe you. If they can argue that you were even slightly more than 50% responsible, they could avoid paying anything under Florida law. That’s why legal representation is so important.

At The Black Law Company, we investigate the scene, review crash reports, interview witnesses, and consult with experts to challenge exaggerated claims of fault. We fight for fair outcomes—because your right to compensation shouldn’t depend on one-sided insurance tactics.

Frequently Asked Questions

1. What if both drivers were at fault?
   You can still recover damages—as long as you’re not more than 50% responsible.
2. How is fault determined after a crash?
   Police reports, witness statements, surveillance footage, and expert analysis are used to assign fault.
3. Can I be blamed unfairly?
   Yes, and insurance companies often try. That’s why you need a lawyer to defend your rights.
4. What happens if I’m 51% at fault?
   Under Florida law, you won’t be able to recover any compensation if you’re more than 50% at fault.
5. How can a lawyer help with proving fault?
   We collect and present strong evidence to protect you from blame and maximize your claim.

Injured in a Tampa car accident and unsure who’s at fault? Call The Black Law Company today at 813-321-7380 for a free consultation.

This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as a personal injury law firm East Tampa FL. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.

The information provided on this website does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

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