What Is the 51 Percent Rule in Florida?

An important question to ask is, “What is the 51 percent rule in Florida?” The legal term for this law in Florida is comparative fault. It’s also called partial or modified comparative negligence, shared fault, and, less formally, the 51 percent rule.

The answer to this question begins with an understanding of negligence and its role in a successful personal injury claim. Negligence occurs when one party has a responsibility of care to another party, and they breach that duty so that the second party suffers damages such as injury or property loss. When those damages are proven to have been a result of negligence, it usually results in a successful personal injury claim.

However, it is not always so cut and dry when it comes to fault or causation. An experienced personal injury attorney knows the right people to contact, the right professionals to call on, and the right investigations to conduct to validate the negligence of another party on behalf of their client. Sometimes, though, fault for an accident or injury can be shared between two or more parties. When the negligence of two or more parties is compared, it is comparative negligence.

What Is the 51 Percent Rule in Florida?

In determining comparative fault, a degree or percentage of each party’s negligence is assigned to the fault or responsibility of an accident. Anyone who is 50% at fault or less can receive proportionate compensation for the damages they incurred. Consequently, any party who is 51% or more at fault cannot collect a settlement compensating them for their losses.

A Hypothetical Example Answers the Question, “What Is the 51% Rule in Florida?”

For example, if an accident case involved one driver who ran a stop sign and hit a second driver, but that second driver was texting and driving, both parties would be at fault to some extent.

The likely comparative fault that could be assigned to each party might be that the driver who ran the stop sign is faulted as the primary party responsible for the accident, but since the other driver was texting and driving, which is also a negligent offense because it diminishes reaction time, attentiveness, and agility, the second driver would likely be named partially at fault for the accident.

There might be a 70/30% split of negligence in this hypothetical case.

What this means for the drivers in this scenario is that the driver at fault with 30% negligence would be able to file a claim against the other driver, but the settlement for damages would be minus 30%. The other driver, who was at fault with 70% negligence, would not be able to collect compensation for the accident from the other driver because their comparative fault was more than 51%.

Comparative Fault and the Potential Repeal of PIP

Comparative fault does not affect personal injury protection payments or eligibility for PIP benefits. However, if personal injury protection is repealed by the passing of the potential bill currently going through the Florida legislature, comparative fault might play a much larger role in Florida personal injury claims.

Currently, Florida accident victims collect damages from PIP coverage, and comparative fault is only a necessary factor when one party sues the other in addition to PIP coverage.

Without PIP, however, comparative fault would be much more heavily relied upon in every accident. Instead of basic injury claims being previously covered by PIP coverage, they would be subject to compensation from the faulted party’s insurance provider if PIP disappeared. While this is the norm in most states, it could potentially result in more litigation cases in Florida because there would likely be more disputes surrounding fault and the extent of damages.

In addition, Florida was third in the nation in 2023 for most motor vehicle crashes, behind Texas and California, the first and third states, respectively, ranked by motor vehicle crashes. In that same year, roughly 300,000 people were hospitalized with injuries related to motor vehicle incidents.

Thus, personal injury claims in Florida may take on an entirely different capacity within the state’s legal system if the requirement for personal injury protection and the system that pays PIP benefits is repealed in the state.

FAQs

Q: What Is the New Negligence Standard in Florida?

A: As of March 24, 2023, Florida uses a modified comparative negligence system to determine compensation eligibility in personal injury claims such as those related to car accidents. Previously, the state operated under a pure negligence system, which allowed for only one at-fault party. Florida, like many states, has been conscientious in revising outdated laws like the former pure negligence statute.

Q: What Does 51 Percent at Fault Mean?

A: When someone is determined to be 51% at fault for an accident, it essentially means that they cannot collect compensation for any injury or damages that were a result of the accident. In other words, because they were more than 50% at fault, they lost their entitlement to file a claim against the other parties involved. Under the current state laws, they can still collect personal injury protection coverage payments, though.

Q: What Is Considered a Major At-Fault Accident?

A: A major at-fault accident typically involves a very severe car crash that results in severe injuries and even deaths, as well as significant damage to property. These accidents often involve multiple vehicles. These accidents occur because of the negligence of an at-fault party who was, more often than not, breaking one or more major traffic laws, such as speeding, driving while intoxicated, reckless driving, and other major traffic infractions.

Q: What Is an Example of Comparative Negligence?

A: An example of comparative negligence is a car crash in which one driver was found to have been 40% responsible for the collision, and the other driver was found to be 60% responsible for the collision. In Florida, only the driver with 40% fault can collect compensation for damages because drivers who are at fault 51% or more are ineligible to collect on personal injury claims.

Consult With a Personal Injury Attorney

If you were found 51% or more at fault and were told you are ineligible to seek compensation, it’s not the end of the road for you. Securing the assistance of a reputable personal injury attorney who can challenge your fault and potentially convince the court to lower it can potentially allow you the opportunity to seek the compensation you rightfully deserve.

At Paul Figueroa Law, we stand by our clients. Contact us to discuss how we can be of assistance to you in your personal injury claim.