If you were injured in a crash in Boca Raton or Boynton Beach, you might wonder, “What if the accident was partly my fault? Can I still sue?” Florida law provides an answer that gives many people a path forward.
Florida’s Modified Comparative Negligence Law
As of March 24, 2023, Florida changed its system from pure comparative negligence to modified comparative negligence with the passing of House Bill 837. Before this change, injured parties could recover damages even if they were 99% at fault, but their compensation would be reduced by that percentage.
Now, things work differently:
- You can recover damages only if you are 50% or less at fault
- If you are 51% or more responsible, you are completely barred from receiving any compensation.
This change significantly affects how fault impacts your ability to recover damages in Florida.
What Happens When You’re Partially at Fault?
If you’re found to be partially at fault but your share is 50% or less, you can still sue the other party. However, your compensation will be reduced by your percentage of fault.
What If You’re More Than 50% at Fault?
If you are determined to be 51% or more responsible for the accident, Florida law prevents you from recovering any compensation at all. This is true even if the other driver was also negligent, such as running a stop sign or being intoxicated.
This strict rule makes evidence and legal strategy extremely important in borderline cases.
How Is Fault Determined?
Determining fault involves reviewing all available evidence, such as:
- Police reports
- Eyewitness statements
- Traffic camera footage
- Vehicle damage
- Expert accident reconstruction
Sometimes insurance companies assign fault percentages during negotiations. Other times, if there is a dispute, a judge or jury may decide based on the facts presented in court.
In Boca Raton and Boynton Beach, where many intersections are monitored and traffic patterns vary between highways and residential areas, collecting strong evidence is critical.
Why This Matters for Boca Raton and Boynton Beach Drivers
Traffic in coastal South Florida can be hectic, especially along A1A, Federal Highway, and I-95. Accidents often involve a mix of factors, including distracted driving, speed, or unfamiliar visitors behind the wheel. It is common for multiple parties to share some responsibility.
If you are in an accident in downtown Boca Raton, on Boynton Beach Boulevard, or near a major shopping center, fault may not be black and white. That makes understanding Florida’s new legal standard even more important.
What Should You Do If You Think You’re Partially at Fault?
- Document everything at the scene
Take photos, gather names of witnesses, and preserve any dashcam footage if possible. - Do not admit fault
Even saying “I’m sorry” at the scene can be used as an admission against you later. - Avoid recorded statements
Insurance companies often try to get you on the record early. Speak with a lawyer first. - Contact an experienced local attorney
A personal injury lawyer familiar with Palm Beach County courts and Florida’s modified negligence law can help build your case and protect your rights.
What Damages Can You Still Recover?
If you are less than 51% at fault, you may still be eligible to recover:
- Medical expenses
- Lost income and reduced earning potential
- Vehicle repair or replacement
- Pain and suffering
- Emotional distress
- Other out-of-pocket costs related to the accident.
The total amount you can receive will be adjusted based on your share of responsibility.
Florida Statute of Limitations Still Applies
Florida gives you two years from the date of the accident to file a personal injury lawsuit. Being partially at fault does not extend or shorten this deadline..
Waiting too long to file could result in a complete loss of your right to recover anything.
Recap: Can You Sue If You’re Partially at Fault?
| Scenario | Can You Recover? | Compensation Example (on $100,000 loss) |
| You are 30% at fault | Yes | $70,000 |
| You are 50% at fault | Yes | $50,000 |
| You are 51% or more at fault | No | $0 |
| You are not at fault | Yes | $100,000 |
Still Have a Difficulty Deciding on your Accident?
Whether your accident happened on Congress Avenue, Glades Road, or anywhere in between, strong legal guidance and evidence can make the difference between walking away with nothing or receiving the compensation you deserve. This is especially true in hit-and-run accidents, where the other driver may flee the scene and leave you dealing with both injuries and unanswered questions. If you were involved in a crash where the other party fled, a skilled hit and run attorney in Boca Raton can help you pursue justice, even if fault is uncertain or shared.
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