Can I recover compensation in Florida if I was partly at fault for my personal transporter accident?

The rule applies to product liability claims against manufacturers too. A defective device does not erase your share of fault if the defense proves you contributed to the crash.

Records of how you charged, modified, and rode the device can move that percentage, so keep the device and charger untouched.

The percentage a jury assigns you controls what you can collect. Florida draws the line at 51%, so one percentage point can change the outcome.

• 51% or more at fault: You recover nothing, even if a brake failure caused the crash.

• 50% or less at fault: Your award drops by your percentage, so a $100,000 loss with 20% fault on you becomes $80,000.

How defendants shift fault onto riders

Defense lawyers rarely stop at arguing that a rider skipped a helmet. They pull onboard data and charger specifications to show the micromobility device ran outside its ratings.

• Modifications: Custom firmware, bypassed speed limiters, or non-certified battery packs let the defense blame the rider.
• Ignored warnings: An aftermarket charger or a ride in heavy rain can raise your share of fault.
• Rider conduct: Running a red light or riding under the influence can push your share past 51%.

How The Law Offices of Sean M. Cleary can help with your micromobility accident claim

We secure the device, the charger, and any stored data before the defense blames the rider. We review it to keep your share of fault as low as the facts allow. Bring any receipts or repair invoices, and we will review them with you. Contact The Law Offices of Sean M. Cleary today for a free consultation.