What is 50/50 Fault – Comparative Fault Accidents?


  1. Law enforcement gave you the ticket for the car accident and you were hurt in that car accident
  2. The insurance company determined you were at fault for the car crash and were hurt in that car crash


  1. Did you know that Florida law enforcement does not determine fault in a car accident?
  2. Did you know that Florida traffic crash reports are not generally admissible in court?
  3. Did you know that Florida is a comparative negligence state?

What is Comparative Fault?

Comparative fault is a legal concept and term which is a fancy way of saying each party is at fault by some percentage. Under this concept, a person can be 99% at fault for their injuries in a car crash, and still collect 1% of damages from the other driver.

This is likely more easily explained with a car accident example. This car crash example is the most common comparative negligence we generally see.

You are driving and come up to a four way stop. At the same time, the driver to your right comes to the same four way stop. You both stop and start to go through the intersection, thinking the other remained stopped at the stop sign. There are no other cars or witnesses around. You and the other driver get into a T-Bone style car crash in the middle of the intersection. Who is at fault?

The likely answer to this is that you each will be 50% at fault for the car accident.

This example can be used in many different scenarios with many different percentages of fault. This is why it is important to call a Tampa car accident attorney.

How Does Comparative Fault Impact My Medical Bills?

All of your damages, including the amount for medical bills will be reduced by the percentage of fault attributed to you. This means that if you were 50% at fault for the crash, your damages are reduced by 50%.

For example, if as a result of the car crash, you had $10,000 in medical bills, $5,000 in lost wages, and $10,000 in pain and suffering, your total damages from the car crash would be $25,000. In the 50% comparative fault scenario, your damages from the car accident would be $12,500. Typically, even when there is a 50% comparative fault scenario from the car crash, the plaintiff still recovers pain and suffering.

Who Determines Fault?

If law enforcement found you to be at fault on the scene of the car accident, but you know you were not 100% at fault, you most likely need a car crash lawyer from Franchi Law to help. Once Franchi Law is hired after a car crash with injuries, we start an investigation. This car accident investigation begins with a review from a car accident attorney. After that, the car crash lawyer will determine if a crash reconstruction expert is needed. A lot of cars on the road today have an event data recorder, which is similar to an airplane’s black box. Your car crash attorney will determine if an expert is needed to gather the event data recorder information. All of this is necessary so that your car accident attorney has the evidence necessary to challenge the insurance company.Since law enforcement doesn’t determine fault in a Tampa car accident, who does? The answer to this is either the insurance companies or a jury. The personal injury lawyers at Franchi Law are prepared to fight both.

Why doesn’t law enforcement determine fault? Most of the time, law enforcement does not witness these car accidents. As a former deputy, I can also attest to the fact that it is difficult to investigate a car accident thoroughly, while there are higher priority calls for service waiting, and you are being pressured to finish the “minor” car crash at hyper speed.Since the insurance companies will be determining fault, they will treat you fairly, right? Wrong. It is imperative that you talk to a personal injury attorney about your car crash before talking to the insurance company. If you had been arrested, would you rather talk to the police with or without a lawyer? The answer to that should be with a lawyer. The insurance company is no different. They are not your good neighbor, and you are not in good hands. With a Riverview personal injury lawyer, you are in good hands.

When you have a comparative fault auto accident in Tampa, call Franchi Law. The consultation is free. Franchi Law is the Tampa and Riverview comparative fault personal injury firm with the Franchi Law promise. We will exceed your expectations.