How is fault determined in a Florida auto accident case?
In Florida, we now have what’s called comparative negligence. Comparative negligence is essentially a determination between all the parties that are involved in an accident. The jury will determine and assess what percentage of fault each party bears for that accident. It used to be contributory negligence, where if you were the plaintiff, or you were suing somebody, and you were at least 1% or 10% at-fault, then you were barred from bringing a claim. That’s no longer the case. Here, we have comparative negligence. Liability is going to be determined by a jury.