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How Florida’s Comparative Negligence Rules Affect Big-Rig Crash Settlements

ST-STAFF . November 12, 2025 . Industry News .
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Photo by Sora Shimazaki on Pexels

Fault is not all or nothing in Florida truck crash cases. Comparative negligence assigns each party a percentage of blame, then reduces the money accordingly. This simple math drives negotiations, evidence strategy, and timing. It changes how you speak to insurers, doctors, and social media. If you want a fair result, you need to understand how the rules work at the claim table. Here are five practical ways these rules shape a big rig settlement.

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1.   Percentages decide the check

Every dollar is multiplied by your fault share. If a jury values losses at $400,000 and says you were 20% at fault, your net is $320,000. Insurers model these scenarios early, so they push for small admissions that raise your number. A seasoned Fort Lauderdale truck accident lawyer can press the defense to justify each percentage with evidence, not hunches. Settlement ranges change fast when that number moves a little.

2.   Evidence determines the numbers

Black box data, lane position, sight lines, and maintenance logs can lower your share. So, medical notes can explain why you could not avoid a second impact. Photos of skid marks, crush patterns, and lighting conditions also help. The side with clearer records usually wins the percentage fight. Subpoenas and preservation letters help secure logs before they vanish.

3.   Your words can shift fault

Short posts and casual texts are easy to twist. “I did not see him” can become “I was not watching.” Give only the facts at the scene, and do not guess on speed or distance. Refer insurance adjusters to your attorney, then keep your accounts consistent across doctors and forms. Small contradictions invite a higher fault claim that trims your payout.

4.   More parties equal more paths to full recovery

Trucking cases often include the driver, the motor carrier, a maintenance shop, a broker, or a shipper. Each can share fault for hours of service, training, loading, or repair failures. Adding parties can reduce your own percentage while expanding the insurance stack. It also creates pressure, since no defendant wants to be the only deep pocket left.

Coordination matters, so discovery should be organized by theory and timeline. Contracts sometimes shift duties in ways that open new theories. A careful review can reveal hidden coverage or indemnity that increases available limits.

5.   Timing shapes leverage and your final payout

In Florida, the clearer the story, the stronger your position. Focus first on proving how the crash happened, then move to dollar figures. Early offers often assume you carry more fault than you should, which makes the check look better than it really is. Wait until key records and expert opinions are in, then send a demand that walks through the numbers step by step.

Keep an eye on liens, ongoing treatment, and future care, because a higher fault percentage bites harder when medical costs are still climbing. Additionally, do not close your claim until your doctors understand your prognosis and work limits.

Endnote

Comparative negligence is a math problem that lives or dies on proof. Keep every photo, bill, and message, and do not speculate in any conversation. Build a clean, consistent record that defends your percentage and your health.

When the numbers are fair, settlements move. When they are not, a well-prepared case gives you better options at trial or at mediation. Good math comes from good records, steady strategy, and patience with process.

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