Shared Fault and Comparative Negligence in Fort Myers Car Accidents

After a serious car accident in Fort Myers, insurance companies often try to shift blame onto the victim to minimize payout. But even if you were partly at fault, Florida’s comparative negligence law may still allow you to recover compensation.

With more than 60 years of experience, Wolfson & Leon represents car accident victims across Southwest Florida. Our Fort Myers office helps clients navigate shared-fault cases, ensuring insurers don’t unfairly reduce their claims.

Call (239) 777-9954 for a free consultation today. We charge no fees unless we win.

“Comparative negligence” determines how much compensation you can recover if multiple parties share blame for a crash.

In March 2023, Florida updated its law under HB 837, (Florida Statute 768.81) changing from a pure comparative negligence system to a modified comparative negligence rule.

• If you are 50% or less at fault, you can still recover damages.
• If you are more than 50% at fault, you cannot recover compensation from the other party.

For example, if you were 30% at fault for a crash on Colonial Boulevard or Tamiami Trail because you were speeding, but another driver ran a red light and caused the collision, you can still recover 70% of your damages.

Comparative negligence often comes into play when multiple factors contribute to a crash. On roads like U.S. 41, Daniels Parkway, and I-75, fast-moving traffic, heavy congestion, and tourist drivers create frequent shared-fault scenarios.

Common Examples:

• Rear-end collisions – The rear driver is usually at fault, but if the front driver stopped suddenly without brake lights, both may share blame.
• Intersection crashes – Two drivers may enter the intersection simultaneously under unclear traffic signals.
• Lane-change accidents – Both drivers may claim the other drifted into their lane.
• Pedestrian or cyclist cases – A pedestrian may cross outside a crosswalk, but the driver may still bear partial fault for failing to yield or slow down.

These nuances make it essential to work with an attorney who understands how fault is determined and proven.

Accidents involving shared fault often stem from driver error and environmental factors combined:

• Distracted driving (texting, eating, or using GPS)
• Speeding or tailgating on roads like U.S. 41
• Unsafe lane changes without signaling
• Failure to yield at intersections such as Colonial Blvd and Summerlin Road
• Poor road conditions or lack of signage
• Impaired driving or fatigue

Each cause may contribute a percentage of fault, which can significantly impact your recovery.

Even when fault is shared, injuries can be severe. Common injuries include:

• Whiplash and soft tissue injuries
• Broken bones or fractures
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Lacerations and internal bleeding

These injuries may require months of medical care and therapy. The Fort Myers car accident lawyers at Wolfson & Leon pursue full compensation for your medical expenses, lost income, and pain and suffering—regardless of shared fault percentages.

Insurance companies use Florida’s comparative negligence law to reduce or deny payouts. Even a small percentage of assigned fault can cut your settlement significantly.

For example, if your damages total $100,000 and you’re found 25% at fault, you’ll only recover $75,000.

Wolfson & Leon Can Help:

• Investigate the accident and collect evidence from witnesses, cameras, and crash reports.
• Reconstruct the collision to challenge exaggerated fault claims.
• Negotiate with insurers using expert analysis and medical documentation.
• Litigate aggressively when insurers act unfairly.

Our lawyers work on a contingency fee basis, meaning no fees unless we win.

Under Florida Statute §768.81, comparative negligence allows proportional recovery for damages based on each party’s fault.

However, with the 2023 reform, victims more than 50% responsible for an accident are barred from recovery. This change emphasizes the importance of thorough legal advocacy.

In Lee County, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports over 12,000 crashes annually, many occurring on I-75, Colonial Blvd, and U.S. 41. Determining fault in these busy corridors often requires detailed accident reconstruction. In some cases, it is necessary to retain an expert in accidents such as an accident reconstructionist. Wolfson & Leon routinely works with these experts to get the best result possible. In addition, the law firm fronts the cost of these experts so you do not need to pay for them when they are retained. At the end of the case, these costs are reconciled in accordance with the personal injury retainer and Florida law.

If you were injured in a car accident and may share some fault, don’t assume you can’t recover. The Fort Myers personal injury attorneys at Wolfson & Leon can evaluate your claim, determine liability, and fight for your rightful compensation.

Call (239) 777-9954 for your free consultation with the Fort Myers accident lawyers at Wolfson & Leon. Let our team guide you through Florida’s comparative negligence laws and protect your rights.