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What the Rule Says
Under Fla. Stat. § 768.81, fault in a negligence case is assigned as percentages among everyone responsible, including the injured person. Your recovery is then reduced by your own percentage.
Since House Bill 837 took effect for causes of action accruing after March 24, 2023, Florida applies a modified version with a 50% bar: if you are found more than 50% at fault, you recover nothing at all.
Before that change, Florida was a pure comparative negligence state. An injured person 80% at fault could still recover 20% of their damages. That is no longer the case, and the difference is not a matter of degree — it is the difference between a reduced recovery and none.
This is general information, not legal advice. Florida statutes are amended and courts reinterpret them. Section numbers are given so you can check the current text, and how any rule applies depends on facts a general page cannot assess. Confirm your position with an attorney.
How It Works in Practice
The arithmetic is simple; the fight is over the percentages.
| Your assigned share | Result |
|---|---|
| 0% at fault | Full recovery of proven damages |
| 20% at fault | Recovery reduced by 20% |
| 50% at fault | Recovery reduced by half — still allowed |
| 51% at fault | Barred entirely. Nothing is recovered |
| 80% at fault | Barred entirely |
The Florida laws hub has an interactive calculator showing this against a hypothetical figure. The cliff at 50% is what surprises people: one percentage point separates a substantial recovery from none.
Fault is apportioned by a jury, a judge, or by agreement in settlement. It is not decided by a police officer at the scene, and a crash report assigning fault is evidence rather than a determination.
Shiner Law Group, P.A.
Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002
Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.
How This Plays Out in Truck Cases
Because crossing 50% ends a claim rather than merely discounting it, every defendant now has a strong incentive to move fault onto the injured person. In truck cases the arguments are predictable:
- “You were in the blind spot.” Being in a No-Zone is not a traffic violation and is not negligence by itself — see Blind-Spot Accidents.
- “You passed on the right.” Common where a truck swung left to make a right turn, which is exactly the misreading a wide turn creates.
- “You followed too closely.” Raised even where the truck stopped abruptly or was unlit.
- “You overreacted.” Standard in debris and lost-load cases, where the question is how much reaction time actually existed.
- “You should have avoided it.” Raised against a driver who could not see an unlit trailer across a dark road.
- Seat belt non-use, which Florida treats as relevant to comparative fault — see The Seat Belt Defense.
None of these are automatically negligent acts. Each is answered with physical evidence — contact height, damage direction, electronic data, camera footage — rather than with recollection, which is why preserving that evidence early matters so much.
One percentage point can decide the whole claim.
Shiner Law Group offers free case reviews for Florida truck accident victims and families — 24/7, no fee unless you win.
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Florida Has No Joint and Several Liability
A related point that surprises people. In many states, where several defendants share responsibility, each can be pursued for the whole judgment. Florida abolished that for most negligence claims.
Under § 768.81, each defendant is generally liable only for its own percentage share. If a carrier is 60% responsible and a shipper 40%, each pays its share — and if one is insolvent or uninsured, that portion is generally not recoverable from the other.
The practical consequence is that identifying every responsible party matters more in Florida than in states with joint and several liability. Leaving a defendant out does not shift their share elsewhere; it removes it from the claim. See Who Is Liable.
What This Means for You
- Do not concede fault, at the scene or afterward. Describe what you observed, not what you assume.
- Decline recorded statements to the other side’s insurer until you have advice. Questions are often designed to elicit an admission.
- Preserve physical evidence quickly — it answers fault arguments that recollection cannot.
- Identify every responsible party, since no one else covers a missing defendant’s share.
- Confirm which version applies if your crash predates March 24, 2023 — the pure rule may still govern.
- Note the deadline. Florida’s limitations period for most negligence claims arising after March 24, 2023 is two years. Claims involving a government entity carry far shorter pre-suit notice requirements. See Florida’s Truck Accident Deadline.