There are varying approaches taken by each state to the issue of how to handle injury claims made by plaintiffs who may have shared some portion of fault. On one extreme, there are states that will totally bar recovery if plaintiff is to any degree at-fault for the incident resulting in injury. Other states will only prohibit collection of damages if plaintiff's percentage of fault is at or exceeding 50- or 51- percent (known as modified comparative fault).
Florida, by contrast, follows a model of pure comparative fault. The legal standard, as set forth in F.S. 768.81(2), is a plaintiff's percentage of fault will diminish proportionately the amount he is entitled to recover. However, the existence of fault - to any degree - is not a bar of recovery. That means a plaintiff could theoretically be 99 percent at fault, and still collect 1 percent in damages if he succeeds in the civil case.
This issue sometimes arises in bicycling accident cases. 2014 was an especially deadly year for bicyclists in South Florida, prompting advocacy groups to pressure legislators for greater protections. Collier County commissioners in December voted to accept an ordinance making it illegal to harass bicyclists by throwing objects, threatening them, honking or shouting at them or doing anything to threaten their safety.
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