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Iacobelli Personal Injury Law Blog

The 51% Rule: How Florida’s New Negligence Law Could Cost You Everything

12/30/2025

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If you have lived in Florida for a while, you might know that our state used to be very forgiving when it came to car accidents and shared fault. Even if you were partially to blame for a crash, you could usually still recover some compensation.

That has changed.

In March 2023, Florida underwent a massive shift in tort law that every driver needs to understand. We moved from a "Pure Comparative Negligence" system to a "Modified Comparative Negligence" system.

In our latest video, "Why You Can Lose EVERYTHING Under Florida's New Comparative Negligence Law," we break down exactly what this new statute means for your potential settlement—and why the stakes are now higher than ever.

The Danger of Being "Mostly" at Fault Under the old rules, if a jury found you 90% at fault for an accident, you could still sue the other driver for the remaining 10% of your damages.

Under the new law, if you are found to be more than 50% at fault for an accident, you are barred from recovering any damages at all.

This creates a "winner take all" environment for insurance adjusters. They no longer just try to reduce your payout; they are now incentivized to pin just enough blame on you (51% or more) to deny your claim entirely.
In this video, we explain:
  • The Difference: "Pure" vs. "Modified" negligence explained simply.
  • The 50% Bar: The tipping point where your compensation drops to zero.
  • Insurance Tactics: How adjusters use this new law to trap drivers into admitting fault.
  • Protecting Yourself: Why evidence collection (dash cams, witness statements) is more vital now than ever before.
Watch the Full Explanation
This is one of the most significant changes to Florida personal injury law in decades. If you are involved in a crash, you cannot afford to let the insurance company dictate the narrative of who was at fault.

Click the link below to watch Andrew Iacobelli explain the specific risks and how to protect your rights:
Watch Now: Why You Can Lose EVERYTHING Under Florida's New Comparative Negligence Law

Note: This change applies to lawsuits filed for accidents occurring after March 24, 2023. If you are unsure which laws apply to your specific case, you need to speak with an attorney immediately.

Worried about shared fault in your accident? The insurance company knows the new law—and they will use it. Contact our team today for a consultation to ensure your side of the story is heard.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Florida and Texas. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death.  Andrew is a lifetime member of the Million Dollar Advocates Forum. 
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    Andrew A. Iacobelli is a personal injury attorney. Andrew is  licensed to practice law in the States of Florida, Michigan, Texas and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured.

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  • HOME
    • About Us
  • PRACTICE
    • Catastrophic Injuries
    • Wrongful Death
    • Car Accidents
    • Motorcycle Accidents
    • Truck Accidents
    • Pedestrian Accidents
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      • Slip and Fall Accidents
    • Boat Accidents
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    • Andrew A. Iacobelli
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