You know you were going too fast. Maybe you were running late, maybe you just weren't paying close enough attention to the speedometer, but now you're sitting in a hospital bed or staring at a totaled car, convinced that admitting you were speeding means you have no case at all. That assumption is one of the most common, and most costly, misunderstandings people have after a crash.
McLaughlin Morris Law represents injured drivers throughout Florida. Call us today at (561) 404-0529 to discuss your situation.
In Florida, being partially at fault for a car accident, including speeding at the time of the crash, does not automatically prevent you from filing a personal injury claim or recovering compensation. Florida law allows for shared fault between multiple parties, and your own negligence is just one factor in a larger analysis of what actually happened and who bears how much responsibility.
Florida's comparative negligence law changed in March 2023, moving from a pure comparative negligence system to a modified comparative negligence system with a 51% bar.
Under this current system, an injured person generally cannot recover damages if they are found to be more than 50% at fault for the accident, with a specific statutory exception for medical malpractice claims.
Because this is a relatively recent and significant change to Florida law, and because how it applies can depend on the specific accrual date of your claim, it is important to have an attorney confirm exactly how this rule applies to your situation rather than relying on outdated general information.
Even when a claim is not barred entirely, being assigned a percentage of fault reduces the total compensation you can recover, proportional to your share of responsibility. For example, if your total damages are calculated at $100,000 and you are found 20% at fault due to speeding, your recoverable compensation would generally be reduced to $80,000. This is why establishing an accurate, well-supported fault percentage, rather than accepting an insurer's initial assessment, matters so much to the actual value of your claim.
Speeding does not automatically mean you caused the accident, or that you were the primary cause of what happened. A driver who ran a red light, made an unsafe lane change, or was driving distracted can still bear significant, even primary, responsibility for a crash even if you were exceeding the speed limit at the time. Insurance companies are aware of this nuance, but they do not always volunteer it, which is exactly why a thorough, independent investigation into the full sequence of events matters so much.
If you were involved in an accident and believe you may have been speeding, a few steps can help protect both your health and your legal position:
If you are able to do so safely, thorough documentation at the scene can make a meaningful difference later, especially in a case where fault is likely to be disputed:
Gathering this evidence promptly matters, since some of it, particularly skid marks and temporary road conditions, can disappear within hours of the crash.
A thorough investigation goes beyond simply looking at who was speeding. Depending on the specific facts of the crash, multiple parties or insurance policies may be relevant, including the other driver's personal auto policy, a commercial policy if the other driver was working at the time, or in some cases, a government entity responsible for a hazardous road condition that contributed to the crash. Identifying every available source of compensation is an important part of building a complete claim.
Successfully pursuing a claim generally requires establishing that another party owed you a duty of care, breached that duty through negligent conduct, and that this breach directly caused your injuries and damages, in addition to addressing your own percentage of fault.
Important records to gather include the official police accident report, complete medical records documenting your injuries and treatment, and employment records documenting any missed work and lost income resulting from the crash.
In cases involving disputed fault, accident reconstruction experts can analyze physical evidence, such as skid marks, vehicle damage, and roadway conditions, to establish the actual speed and sequence of events leading up to the crash. This kind of objective analysis can be critical in countering an insurer's attempt to assign you a disproportionate share of fault based on assumptions rather than evidence.
Insurance companies are well aware that Florida's fault rules can significantly reduce or eliminate a payout, and they will often look for any opportunity to increase your assigned percentage of fault once they learn you were speeding, even in situations where the other driver's conduct was clearly more significant, such as running a stop sign or driving distracted. Expect an insurer to emphasize your speed heavily during settlement negotiations, which is exactly why having strong, independent evidence and skilled representation matters.
Even with a reduced fault-based deduction, you may still be entitled to recover a range of damages, including future medical care related to your injuries, lost income and diminished earning capacity, and pain and suffering connected to your injuries.
Your speeding at the time of the crash reduces your recovery according to your assigned percentage of fault. It does not eliminate your right to pursue these damages entirely, provided your own fault does not exceed the 51% threshold under current Florida law.
Florida's statute of limitations for personal injury claims changed as part of 2023 tort reform legislation, and the applicable deadline depends on when your specific cause of action accrued. Because this is a critical, case-specific deadline and getting it wrong can mean losing your right to pursue compensation entirely, it is important to have an attorney confirm the exact filing deadline that applies to your situation rather than relying on a general timeframe. Information about Florida's court system and procedures is also available through the Florida Courts website.
McLaughlin Morris Law understands that admitting you were speeding can feel like admitting the case is over before it even starts. It is not. Our South Florida personal injury lawyers and auto accident attorneys take the time to investigate the full picture of what happened, gather independent evidence, and push back against insurance companies that try to place an unfair share of blame on injured clients. Our team also handles motorcycle accident claims, where fault disputes involving speed are especially common.
If you were injured in an accident and are worried that your own speed might disqualify you from compensation, do not assume the worst before speaking with an attorney. Contact McLaughlin Morris Law at (561) 404-0529 for a consultation, and let us help you understand your rights and next steps.
Yes, generally. Under Florida's current modified comparative negligence system, you can still recover compensation as long as you are not found to be more than 50% at fault for the accident, though your recovery will be reduced by your percentage of responsibility.
If you are found to be more than 50% at fault, Florida's current law generally bars recovery entirely, with a specific exception for medical malpractice claims. An attorney can help evaluate the specific facts of your case to understand how fault is likely to be allocated.
No. Speeding is one factor considered in determining fault, but it does not automatically mean you caused the accident or bear primary responsibility. Other factors, including the other driver's conduct, are also weighed in determining overall fault.
Florida's statute of limitations for personal injury claims changed under 2023 tort reform legislation, and the specific deadline that applies depends on when your claim accrued. Because this deadline is critical and case-specific, it is important to speak with an attorney promptly to confirm the exact filing window that applies to your situation.
If you’ve suffered an injury due to someone else’s negligence, McLaughlin Morris Law is ready to take on the legal burden so you can focus on healing. Our experienced personal injury attorneys will manage every aspect of your case: investigating the facts, negotiating with insurance companies, and fighting for maximum compensation.
We know the stakes are high: lost income, rising medical bills, and the stress of an uncertain future. That’s why we work on a no recovery, no fee basis. If we don’t win, you don’t pay.
