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By: Michael Beckman | CEO & Lead Trial Attorney
If the insurance company says you were at fault for a car accident, do not assume that is the final word. Insurance companies may rely on an incomplete police report, a rushed investigation, or only one version of events. In many cases, the initial fault determination changes once additional evidence is uncovered.
If you were injured and the insurance company is blaming you, contact a Fort Myers car accident lawyer as soon as possible. A lawyer can investigate what really happened, preserve evidence, and determine whether the insurance company is unfairly shifting blame onto you.
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Can I recover compensation if I was partially at fault for a Florida car accident?
Yes, potentially. Under Florida’s modified comparative negligence law, you may still recover compensation if you were 50% or less responsible for the accident. However, your compensation is generally reduced by your percentage of fault. If you are found more than 50% responsible, you may be barred from recovering damages from another party.
In This Article:
- How fault is determined after a Florida car accident
- What Florida’s comparative negligence law means for your case
- Whether you can sue if you were partially responsible
- What happens when the insurance company blames you
- Why police reports are not always the final word
- Real examples of fault investigations that changed case outcomes
How Is Fault Determined After a Car Accident?
Fault is determined by examining the evidence, not simply by accepting what the insurance company says. Important evidence may include:
- Police reports
- Witness statements
- Traffic camera footage
- Body camera footage
- Vehicle damage
- Accident reconstruction analysis
- Cell phone records
- Surveillance video
- Medical records showing how the injuries occurred
Police reports can be important, but they are not always complete. In serious injury cases, additional investigation may reveal facts that were missed at the scene.
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What Is Comparative Negligence in Florida?
Florida follows a modified comparative negligence system for most negligence cases. This means that if you contributed to an accident, your compensation may be reduced by your percentage of fault.
For example, if your damages are valued at $1,000,000 and you are found 20% responsible, your recovery may be reduced to $800,000.
However, if you are found more than 50% responsible for the accident, Florida law generally prevents you from recovering compensation from another party.
Because fault percentages directly affect the value of a claim, insurance companies often work hard to place as much blame as possible on the injured person.
What Happens If the Insurance Company Says the Accident Was My Fault?
Do not assume the insurance company’s version of events is correct. Insurance adjusters often argue that the injured person was partially or primarily responsible because reducing your percentage of fault can reduce what they have to pay.
In Florida, fault is determined by evidence. Police reports, witness statements, video footage, physical evidence, expert analysis, and testimony may all play a role.
Sometimes the insurance company’s fault argument is legitimate. Other times, it is a negotiation tactic designed to lower the value of your claim.
Click To ContactWhy You Should Never Assume You Don’t Have a Case
One of the biggest mistakes injured people make is assuming they do not have a case because a police report, insurance adjuster, or even another law firm told them they were at fault.
Not long ago, Viles & Beckman was contacted by a family whose case had already been turned down by three other law firms. The crash report listed our client’s vehicle as being at fault, and on the surface, the case appeared unwinnable.
But something about the facts did not sit right with our team.
Instead of accepting the initial conclusion, we investigated further. Our team obtained traffic camera footage, reviewed body camera video, interviewed witnesses, and examined the evidence surrounding the crash. What we found changed the story entirely.
The evidence showed that the original fault determination was wrong.
Our client suffered catastrophic injuries, including paralysis. By uncovering what really happened and building a trial-ready case around the evidence, we were able to secure a multi-million-dollar recovery that helped provide the resources the client needed to live with a new normal.
Fault Is Often the Biggest Battle in Serious Injury and Wrongful Death Cases
We have seen similar blame-shifting in wrongful death cases.
In one pedestrian-versus-semi-truck case, the trucking company’s insurance carrier argued that the pedestrian was responsible because the crash occurred at night and the victim was crossing the road in the dark.
The insurance company believed that argument would prevent the family from recovering compensation.
Rather than accepting that narrative, our team investigated the facts, challenged the assumptions being made, and prepared the case as if it would ultimately be decided by a jury. Through that trial-ready approach, we were able to overcome the fault allegations and obtain a significant recovery for the surviving family members.
These cases show why fault must be investigated carefully, especially when catastrophic injuries or wrongful death are involved. The first version of the story is not always the true version.
Can I Still Sue If I Received a Traffic Ticket?
Yes. Receiving a traffic citation does not automatically prevent you from pursuing a personal injury claim.
A ticket may be one factor considered when determining fault, but it does not automatically decide who is legally responsible for an accident. The full facts still matter.
Does a Police Report Determine Fault?
No. A police report can be helpful evidence, but it is not the final legal determination of fault.
Additional evidence may support a different conclusion than what appears in the original report. This is especially important in catastrophic injury, trucking, pedestrian, motorcycle, rideshare, and wrongful death cases where the initial investigation may be incomplete.
Steps to Take After a Car Accident
If you are in a car accident, taking certain steps immediately afterward can protect your health, your legal rights, and your ability to prove what happened.
- Call 911 and check on others involved in the accident.
- Get medical attention, even if your injuries seem minor at first.
- Exchange contact, insurance, and registration information with the other driver.
- Take photos and videos of the vehicles, the scene, traffic signals, skid marks, debris, road conditions, and visible injuries.
- Get witness names and contact information.
- Give the responding officer your version of what happened, but do not guess or speculate.
- Seek a full medical evaluation as soon as possible after leaving the scene.
- Notify your insurance company that an accident occurred.
- Contact a car accident attorney before giving a recorded statement or signing anything from an insurance company.
Should I Talk to the Insurance Company?
You may need to notify the insurance company that an accident occurred, but you should be careful about what you say.
Insurance companies are businesses. Any claim they pay cuts into their profits, and one way they may try to reduce a claim is by using your own words against you.
When reporting the accident, provide basic information such as your name, contact information, policy number, the date and location of the crash, and your attorney’s contact information if you have one.
If the insurance company pressures you for a recorded statement, broad medical release, or quick settlement, refer them to your attorney.
Never sign anything from an insurance company without having an attorney review it first. If you sign a release or settlement agreement too early, you may give up the right to pursue additional compensation for future medical care, lost income, pain and suffering, or permanent injuries.
What Damages Can I Recover After a Car Accident?
If another party was fully or partially responsible for your injuries, you may be able to recover compensation for economic and non-economic damages.
Economic damages may include:
- Past and future medical expenses
- Past and future lost wages
- Loss of earning capacity
- Repair or replacement of damaged personal property
- Funeral and burial expenses in fatal accident cases
Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of companionship
- Loss of consortium
- Loss of use of a body part or bodily function
- Scarring, disfigurement, or permanent disability
The value of your case depends on the severity of your injuries, the available insurance coverage, the strength of the evidence, the degree of fault assigned to each party, and how a jury would likely view the case.
Do I Really Need a Lawyer If I Am Being Blamed for the Accident?
Yes. If the insurance company is blaming you, you should speak with a lawyer before assuming you do not have a claim.
You may not be fully at fault. You may not be at fault at all. Or you may share some responsibility but still have the right to recover compensation under Florida law.
At Viles & Beckman, we do not simply accept the insurance company’s version of events. We investigate, preserve evidence, identify witnesses, analyze video footage where available, and build serious cases as if they may ultimately be decided by a jury.
If you were seriously injured and the insurance company says the accident was your fault, contact Viles & Beckman for a free consultation. We will review the facts, explain your options, and tell you honestly whether we believe the fault determination can be challenged.
Frequently Asked Questions
What if both drivers were partially at fault?
Both drivers can share fault. If you are 50% or less responsible, your compensation may be reduced by your percentage of fault. If you are more than 50% responsible, you may be barred from recovering compensation from another party.
What happens if I am found 51% at fault?
Under Florida’s modified comparative negligence law, being found more than 50% at fault generally prevents you from recovering damages from another party.
Can I recover compensation if I was speeding?
Possibly. Speeding does not automatically eliminate your claim. The question is whether speeding contributed to the crash and, if so, how much fault should fairly be assigned to you.
Can I recover compensation if I was not wearing a seatbelt?
Possibly. The defense may argue that failing to wear a seatbelt contributed to your injuries, but that does not automatically eliminate your claim. The facts and medical evidence matter.
Should I talk to a lawyer if I think I was partially at fault?
Yes. Many injured people incorrectly assume they do not have a case because they made a mistake, received a citation, or were blamed in a police report. A lawyer can investigate whether fault was assigned fairly and whether you may still have a claim.
Contact Viles & Beckman today to schedule a free consultation.
