JONES LAW GROUP | Your Lawyers for Life! Personal Injury Law Firm in St. Petersburg

Jones Law Group logo, Personal Injury Lawyer in St Petersburg Floridajones law group attorney lawyer logo
Were You Partially at Fault for the Accident?

Were You Partially at Fault for the Accident?

Many accidents involve some degree of culpability by both parties. For instance, consider the case where a driver stops at a stop sign, but misjudges the speed of an oncoming car before entering its path. The oncoming car is speeding which deserves some of the blame for the accident, right? What is the result for […]

Call our personal injury law office directly at (727) 512-9847

Find Out If You Have a Personal Injury Case

At Jones Law Group in St. Petersburg, FL, we would like to hear from you. Contact us for a free personal injury case consultation.

Call our personal injury law office at (727) 512-9847

Florida Personal Injury Insights

Get educated on the Florida's personal injury laws and more.

Many accidents involve some degree of culpability by both parties. For instance, consider the case where a driver stops at a stop sign, but misjudges the speed of an oncoming car before entering its path. The oncoming car is speeding which deserves some of the blame for the accident, right? What is the result for the accident victims? The short answer is it depends where the accident happened. There are basic rules of law in the United States that will govern the outcome of this situation. They are:

1. States which use Pure Contributory Negligence (Washington, D.C., Maryland, North Carolina, Virginia and South Dakota)
2. States which use Pure Comparative Fault (Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island and Washington)
3. States which use Pure Modified Comparative Fault (Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Nebraska, North Dakota, Tennessee, Utah and West Virginia)

Pure Contributory Negligence

In pure contributory negligence states, the general rule is that any negligence by the plaintiff will bar recovery. This rule of law is based upon the 1809 Butterfield v. Forrester case from England. American courts adopted this rule of law which essentially states that any negligence on the part of the plaintiff will bar any recovery. Most American jurisdictions have realized that this is a very harsh rule of law and have adopted some sort of apportionment of fault rules that will allow recovery. In the hypothetical, the speeding driving would likely be barred from any recovery even though the majority of fault lay with the driver who pulled into the path of the oncoming traffic.

Pure Comparative Fault

In pure comparative fault states, the general rule is that any recovery will be reduced by the plaintiff’s proportion of fault. In the hypothetical, let’s assume the plaintiff is exceeding the speed limit by 10 MPH. The jury might reasonably find him to be 20% liable for the accident and the defendant who pulled into oncoming traffic 80% at fault. The plaintiff’s damages would be reduced by 20%, but unlike pure contributory negligence, the plaintiff may still recover. The pure comparative fault rule allows a plaintiff to recover for damages provided he is not entirely liable for the accident. This means that a Plaintiff who is 99% at fault for an accident may still recover, but his damages will be reduced by 99%. Florida is a pure comparative fault state.

Modified Comparative Fault

In modified comparative fault states, the general rule is that any recovery will be reduced by the plaintiff’s proportion of fault unless the plaintiff is 51% liable (some states require only 50%). This essentially means that if the plaintiff is primarily responsible for the accident then his recovery will be barred. In our accident hypothetical, let us assume that the plaintiff was exceeding the speed limit by 25MPH and driving without lights, at night. Now it might be reasonable for a jury to find that the driver of the car the pulled into the path of the plaintiff is only 40% at fault for the accident. In modified comparative fault states, the plaintiff would be barred from any recovery.

What Does this Mean for Floridians?

Accident victims in Florida enjoy the benefits of a pure comparative negligence system. In my opinion, it is the most fair of three basic negligence schemes. It simply requires that each and every person bear the responsibility for their actions. It does not allow a party to avoid accepting responsibility for their actions via an arbitrarily created percentage of blame. It also means that injured accident victims should seek counsel to investigate the causes of any accident which causes injuries. It is important to look beyond the police report and the statements of the other driver to truly allocate fault.

Contact Jones Law Group

Have you or a loved one been injured in a bicycle, pedestrian or car accident? Contact an experienced St. Petersburg personal injury attorney at Jones Law Group today. When you contact our office we will immediately set an appointment where you will meet your attorney and be provided with his/her personal contact information. If you do not have transportation or you cannot drive, your attorney will travel to meet you and discuss your case with you.

Whether you were a pedestrian, a bicyclist, or the occupant of car, motorcycle or boat and have been injured in an accident, you should immediately call an experienced personal injury attorney in St. Petersburg at Jones Law Group at (727) 571-1333 during regular business hours or (727) 753-8657 on weekends or after regular business hours. We will evaluate your case for free and you will never pay us a dime unless we recover compensation for your injuries.

Jones Law Group
5622 Central Avenue
St. Pete, FL 33707

https://www.jlgtampabay.com/personal-injury/

Related Car Accident Insights

Accidents

Motorcycle Accidents – An Alarming Rise in Florida Fatalities

While there has been a trend in recent years showing fewer automobile accidents, the same cannot be said for motorcycle crashes. Since 2001 the number of people in Florida injured in a motorcycle accident has risen by 50%. While the number of deaths of motorcyclists involved in an accident has risen by 90%. The increase […]

Signing a Contract after a free consultation with a personal injury lawyer

10 Things About a Free Consultation with a Personal Injury Lawyer

Summary Personal injury cases can be overwhelming, especially when dealing with the aftermath of an accident. Many accident survivors struggle with the burden of medical bills, lost wages, and other damages. Understanding your rights and options is crucial if you’ve suffered injuries due to a car crash, slip and fall, or another unfortunate incident. The […]

wrongful-death-caused-by-motorcycle-accident

Wrongful Death Caused by a Motorcycle Accident

We offer our condolences if you’ve suffered the tragic loss of a loved one killed in a motorcycle accident. No amount of compensation is going to make up for your suffering. However, it can help you find closure and achieve justice. Holding those who caused the accident accountable for their negligence could help with your […]

Bitten by a Dog

How to Avoid Being Bitten by a Dog

Pit Bull Attacks are on the Rise Since 2007, Pit Bull and the mixed breed Pit Bull dog attacks have risen steadily.[1] What is the reason? 2007 was the year that Michael Vick was convicted on the dog fighting charges. After the conviction, many shelters and animal rights groups began to market Pit Bulls and […]

What Should I Do After an Accident?

Remember, it is important that you call a lawyer as soon as possible following the accident. At Jones Law Group, we only get paid if we recover money for you, so you only stand to gain in having the accident reviewed by skilled legal representation to ensure that you recover the damages you are entitled […]

caution sign

Common Causes of Construction Zone Accidents 

It’s never really any fun trying to drive through a construction zone. Thankfully, most drivers show the proper amount of caution, and nothing happens. But there are some instances where a terrible accident occurs, usually because of some type of negligence. When this happens, that can result in life-altering injuries that can mean years of […]

Do you have a personal injury case in Tampa Bay, Florida?

Speak with us before time runs out! In Florida, you have a limited window to file a personal injury case, so speak to an Attorney today.

Call our personal injury law office directly at (727) 512-9847

Jones Law Group logo, Personal Injury Lawyer in St Petersburg Florida

Jones Law Group is a dedicated personal injury lawyer in St. Petersburg, FL, serving the Tampa Bay area since 2006. Our experienced attorneys specialize in car accidents, slip and fall cases, employment law disputes, construction law issues, and overtime wage claims, fighting for maximum compensation on a contingency fee basis. Contact us for a free consultation to discuss your case.

5622 Central Avenue, St. Petersburg, FL 33707

Call our personal injury law office at (727) 512-9847

© Copyright 2006–2025 Jones Law Group Attorneys at Law. All rights reserved. Privacy Policy Terms of Use 

Website by Hip Bip

Attorney Advertising.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past results do not guarantee similar outcomes.

Get My Free Personal Injury Consultation

Are you injured or wronged and interested in a consultation? Fill out the form for a free consultation with us.

Request Callback

Were you injured or wronged? Fill out the form for a free consultation with us.