Time Change, More Night Crashes in Tampa: How Florida’s Modified Comparative Fault Affects Your Claim

As the fall season rolls in and we transition into the colder months, daylight savings time inevitably results in longer nights. For many, this time of year can lead to a host of challenges, particularly for drivers. With the clocks turned back, Tampa’s roads experience more crashes during the night, contributing to an increased risk of accidents. While the darker evenings and shorter days may create hazardous conditions for drivers, understanding how Florida’s modified comparative fault laws work can help protect your rights if you’ve been involved in an accident during these high-risk hours.

The Impact of Time Change on Tampa’s Road Safety

In Tampa, the shift in daylight savings time results in longer periods of darkness, particularly during the evening rush hour. This transition not only affects the visibility of drivers but also influences their alertness and reaction times. While most drivers can adapt to the time change over time, it creates an immediate adjustment period that can lead to accidents. Poor road lighting, reduced visibility due to the setting sun, and more fatigued drivers on the road can all contribute to an increase in collisions.

According to local authorities, nighttime crashes surge after daylight savings time begins. While many crashes are relatively minor, others result in serious injury or death. Studies show that dusk and twilight hours are particularly dangerous for drivers. The risk is even more significant in places like Tampa, where traffic tends to be dense, and weather conditions like fog, rain, or thunderstorms often worsen driving conditions. In these situations, the risk of accident escalation is higher, especially if drivers are distracted, tired, or underprepared for nighttime driving.

With more accidents occurring at night, many victims wonder how fault will be assigned in these cases. Florida follows a specific legal standard for personal injury claims known as modified comparative fault, and understanding how this rule applies to your situation is critical in navigating your case.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Attorney

Molli Gard, ESQ.

Attorney

Florida’s Modified Comparative Fault Rule Explained

In Florida, the concept of comparative fault is crucial when it comes to determining liability in accidents. The state’s law allows an injured party to still recover damages from the other party, even if they are partially at fault. However, there is a limit. Under Florida’s modified comparative fault rule, if you are found to be 51% or more at fault for an accident, you are barred from receiving compensation.

In simpler terms, if you are involved in an accident where you are partially responsible, your ability to recover damages will be reduced by the percentage of fault assigned to you. So, if the court determines that you are 20% at fault for the crash, you will only be entitled to 80% of the damages awarded, as long as you are not deemed more than 50% responsible for the incident.

The rule plays a significant role in Florida car accident claims, particularly when contributing factors like poor visibility or road conditions are involved. These cases are often complex, and establishing the degree of fault for both parties can involve detailed investigation and legal analysis. Here’s how the comparative fault rule would apply if you were involved in a crash after the time change:

How Fault is Assessed in Nighttime Crashes

If you’re involved in an accident at night, your attorney or insurance company will look into several factors to determine how fault is allocated. Was your visibility impaired due to darkness or poor street lighting? Were you driving more cautiously or speeding in response to the new night-time driving conditions? Did you fail to use your headlights or fail to adapt to the road conditions appropriately?

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

In addition to your driving behavior, the other driver’s actions will also be analyzed. Were they distracted by their phone or driving too fast for the reduced visibility? Did they fail to yield the right of way or disregard traffic laws that could have avoided the accident? It’s common for both drivers to share some degree of fault in these cases. If both parties are found to be partially responsible for the crash, Florida’s modified comparative fault rule will come into play.

For example, imagine you are involved in a crash at night, and you are found to be 30% at fault for not using your headlights promptly after the time change. However, the other driver was speeding excessively in an area where speed limits are strictly enforced, and they are deemed 70% at fault. Under the modified comparative fault rule, you would still be able to recover damages, but your total recovery would be reduced by 30% to account for your portion of the fault.

How Comparative Fault Affects Your Claim

The degree of fault assigned to you will directly impact the amount of compensation you can receive for your injuries and damages. This includes medical bills, lost wages, pain and suffering, and property damage. The process of determining fault can be complicated, especially when multiple factors are involved, like poor lighting or weather conditions. Your lawyer will likely use evidence such as eyewitness testimony, police reports, accident reconstructions, and expert opinions to prove the other driver’s negligence and show the extent of your own responsibility.

Related Videos

Example 1: Headlights Not Turned On in the Dark

Let’s say you were driving at night, and although you were not speeding, you failed to turn on your headlights in time, which might have contributed to the accident. However, the other driver was texting on their phone and swerved into your lane. In this case, the other driver may be considered more at fault for the crash, but your failure to turn on your headlights could still be a contributing factor. A court would assess the percentage of fault for each party and reduce your compensation accordingly.

Example 2: Poor Road Conditions and Nighttime Driving

In some cases, environmental factors like bad weather, poor road conditions, or inadequate street lighting may contribute to nighttime accidents. These conditions can make driving more dangerous, and Florida law allows this to be considered when assigning fault. If the road was poorly lit and you were involved in an accident because you couldn’t see the other vehicle, the other driver’s speed or distraction may be factored in as the primary cause. However, if you didn’t drive carefully, given the road conditions, you might still bear some degree of responsibility.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

View More Results

How to Protect Your Rights After a Nighttime Crash

After a crash at night, it’s essential to gather all available evidence and contact a personal injury lawyer to assess your case. The time change can make a real difference in the way accidents unfold, but the key is understanding how comparative fault works and how it applies to your unique situation.

• Document Everything: Take photographs of the accident scene, including the road conditions, vehicle damage, and any visible hazards. 
• Talk to Witnesses: If there are any witnesses, get their contact information and statements. 
• Seek Medical Attention: Even if your injuries seem minor, it’s important to get checked out by a doctor. Some injuries may not show symptoms immediately. 
• Consult with an Experienced Personal Injury Lawyer: A lawyer specializing in Florida’s personal injury laws can help you navigate the complexities of comparative fault and ensure you receive fair compensation. 

As daylight savings time affects the visibility on Tampa’s roads, more crashes are likely to happen during the night. Understanding how Florida’s modified comparative fault system works can help you better navigate the legal process following an accident. Whether you are partially at fault or the victim of someone else’s negligence, Florida’s laws allow you to pursue compensation as long as you are not primarily responsible for the accident. If you’ve been involved in a nighttime crash, don’t hesitate to contact Serrano Law for a consultation. We’ll help you understand how comparative fault applies to your case and work to secure the compensation you deserve.

To learn more about this subject click here: How Comparative Negligence Affects Your Personal Injury Payout in Florida