The short answer
Florida uses modified comparative negligence. If you are more than 50% at fault you recover nothing from others. At 50% or below, your damages are reduced by your share. Crash reports are confidential for 60 days except to the people involved, their lawyers and insurers.
Source: Florida Statutes § 768.81(6); § 316.066(2)
Quick check
What to gather first
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The crash report
What it says, and what it does not
Not admissible as is
The written report itself generally cannot be used at trial, but the facts in it guide the claim.
Who gets it early
For 60 days, only the parties, their lawyers, insurers, prosecutors and certain others may get it.
Citations
A traffic ticket is not proof of fault in a civil case, but it is often persuasive.
§ Florida Statutes § 316.066
What moves fault
Common arguments in Florida cases
Seat belts
Not wearing one can be argued as comparative fault if it made injuries worse.
Phones
Texting while driving is a primary offense in Florida.
Non-parties
A jury can assign fault to someone who is not in the lawsuit.
Speed and signals
Event data recorders and traffic camera footage often settle these.
§ Florida Statutes § 316.614(10); § 316.305; § 768.81(3)
Fault
How shared fault changes the number
Since March 24, 2023 Florida bars recovery for anyone more than 50% at fault. At 50% or below, damages are cut by that share.
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§ Florida Statutes § 768.81(6)
Common questions
Questions people ask about fault and evidence
Sources
What this page is built on
Items marked are waiting for a final check before launch.
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Where to go next
Editorial information
Who wrote and checked this page
- Written by: After Crash Florida content team
- Legal review: not performed, general information only
- Last reviewed: November 12, 2026
- Corrections: see the Correction Policy