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What is Comparative Fault?

September 17, 2021 | Category: Personal Injury | Share

In Florida in 2020, the Florida Department of Highway Safety and Motor Vehicles reported there were 336,062 crashes, 3,156 of which were deadly.

What is Comparative Fault?I Drive Safely reports driving is one of the most statistically dangerous things one can do, even though vehicles are safer than ever before. The organization reported that Florida had the third most fatal accidents in 2020, behind Texas and California. It also reported that Florida ranked No.2 in the list of the 5 most dangerous states for drivers.

Every year there are approximately six million vehicle accidents in the United States, according to the National Highway Traffic Safety Administration. Of these, approximately one-third are multi-vehicle crashes or pile-up collisions.

Multi-vehicle accidents typically begin when two vehicles collide. Vehicles in the immediate vicinity may be unable to stop in time or drive around a collision. This results in a chain reaction.

In 1973, Florida adopted the system of comparative negligence, or comparative fault, Statute 768.81. This was done because a lot of cases involving multiple vehicles are not black and white. They can be caused by the interactions of multiple parties.

Statute 768.81 Sections (2) and (3) say:

(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and non-economic damages for an injury attributable to the claimant’s contributory fault but does not bar recovery.

(3) APPORTIONMENT OF DAMAGES.—In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability. 

 “If you or a loved one is injured because of the negligence of another, please contact Spivey Law Firm, Personal Injury Attorneys, P.A., after seeking medical attention. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. Here is what one of our clients said about working with our law firm:

I will never regret the day I made that phone call to the Spivey Law Firm to handle my case. They took and handled my case like I was a member of their own family. They exceeded my expectations. Their professionalism works like magic. One advice I have for you, be patient and trust them. I can't give you details, but I can ensure you that you will not regret hiring them. I highly recommend that law firm! Thank you guys! BD

There are no costs or attorney fees until we receive a monetary recovery for you, and we are available to assist you 24/7,” said Fort Myers Personal Injury Lawyer Randall Spivey.


Fort Myers Personal Injury Lawyer Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact  Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.






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