St. Augustine's Largest Law Firm
Florida Comparative Negligence Law
Understanding Shared Fault in St. Augustine Accident Cases
If you’ve been injured in an accident in St. Augustine, Ponte Vedra, Palm Coast, or Northeast Florida, you may wonder: What if I was partly at fault?
Under Florida’s Comparative Negligence Law, you may still recover damages even if you were partially responsible for the accident. However, your compensation may be reduced based on your share of the fault.
At St. Johns Law Group, our attorneys — including personal injury lawyer Josh Saxon — regularly handle accident cases involving shared liability. We know how to fight insurance companies that try to shift blame onto victims to reduce payouts.
📌 Related Personal Injury Pages:
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that allocates fault between all parties involved in an accident. Instead of one person being entirely to blame, responsibility is shared.
Example:
If you are awarded $100,000 in damages but found 20% at fault, your recovery would be reduced to $80,000.
Florida’s Comparative Negligence System
Florida recently shifted from pure comparative negligence to a modified comparative negligence system (effective March 2023).
Modified Comparative Negligence (Current Law):
You may recover damages only if you are less than 51% at fault. If you are found 51% or more responsible, you cannot recover compensation.Prior Rule (Before 2023):
Under pure comparative negligence, you could recover even if you were 99% at fault (with damages reduced accordingly).
This change makes it more important than ever to have an experienced attorney who can challenge unfair fault assessments.
How Comparative Negligence Impacts Cases
Comparative negligence frequently arises in:
Car accidents — disputes over speeding, signaling, or distracted driving
Truck and motorcycle crashes — insurers arguing riders contributed to their injuries
Slip and falls — property owners claiming victims ignored warning signs
Pedestrian and bicycle accidents — claims of jaywalking or unsafe riding
Tourist accidents — out-of-state visitors unfamiliar with local traffic patterns
Insurance companies often use comparative negligence to minimize payouts — which is why strong legal representation is critical.
Why Choose St. Johns Law Group?
Josh Saxon — trial-tested attorney skilled in disproving fault arguments
Largest law firm in St. Augustine with 12 attorneys across multiple practice areas
Local Knowledge — familiar with St. Johns County judges, insurers, and accident trends
Dedicated & Responsive Service® — guiding clients through complex personal injury claims
Areas We Serve
Our attorneys handle accident cases involving comparative negligence across:
St. Augustine (Historic Downtown, Anastasia Island, Lincolnville, Davis Shores)
St. Augustine Beach & Vilano Beach
Ponte Vedra & Nocatee
Palm Coast & Flagler County
Jacksonville & Duval County
Clay & Putnam Counties
Southern Georgia
FAQs: Comparative Negligence in Florida
Q1: Can I still recover damages if I was partly at fault?
Yes, as long as you are less than 51% at fault under Florida’s current law.
Q2: What if the insurance company says I was mostly to blame?
Insurers often exaggerate victim fault. An attorney can investigate and challenge those claims.
Q3: Does comparative negligence apply to wrongful death cases?
Yes. Fault may be apportioned between the deceased and other parties.
Q4: How do courts decide fault percentages?
Judges and juries evaluate evidence, including police reports, witness testimony, and expert analysis.
Q5: Why hire a local attorney in St. Augustine?
Local attorneys know the courts, roadways, and insurers, giving you an advantage in comparative fault cases.
📞Contact a St. Augustine Comparative Negligence Lawyer
If you’ve been injured in an accident and the insurance company is blaming you, don’t face them alone. The attorneys at St. Johns Law Group, including Josh Saxon, are here to protect your rights.
📞 Call (904) 495-0400 today for a free consultation.
At St. Johns Law Group, we provide the Dedicated & Responsive Service® you deserve.
Contact Us:
- 104 Sea Grove Main Street | St. Augustine, Florida 32080
