Florida law generally allows for an accident victim to recover for their injuries, even if they are partially at fault for causing the accident in which the injuries resulted. In Florida, this concept is known as comparative negligence. Being a pure comparative negligence jurisdiction, Florida accident victims who share responsibility for causing an accident will not be prevented from recovering for their injuries. Instead, accident victims will have their total damages award reduced by their own percentage of fault.
For example, if a party is injured in an accident and sustains $500,000 in damages, and the jury determines that the plaintiff is 20% responsible and the defendant 20% responsible, the plaintiff’s ultimate recovery amount would be $400,000 ($500,000 – (.20 x $500,000)).
If, however, an accident victim is under the influence of drugs or alcohol at the time of the collision, Florida’s drug and alcohol exception may apply. Florida Statutes Section 768.36 contains the drug and alcohol exception, which states a plaintiff is prevented from recovering for their injuries if the defendant can show that: