Generally, the answer is yes! Florida is a pure comparative fault state, which means that the fact finder can consider the fault of both the defendant and the plaintiff. Thus, if you sue another driver for causing an accident, if the facts warrant, the other driver can suggest that you also bear some fault. If the fact finder agrees, they can apportion some fault to you. If a jury finds you 50 percent at fault and the other driver 50 percent at fault, by example, then the damages they award are reduced in half.
