Every state has its own laws regarding negligence and how it pertains to accident injury suits. The ways in which these laws intersect can play a significant role in how much compensation you are entitled to after an accident. Of course, proving negligence on the part of another is the first step in any accident case, and generally speaking, drunk driving is a telltale sign of negligence.
If you can prove that another driver in your accident was drunk, you will almost certainly be entitled to compensation. However, because of Florida's comparative negligence laws, proving that another driver was drunk is only part of the battle. No matter how intoxicated one individual may have been in an accident, you will also need to prove that you were in no way responsible for the accident and that you were just an innocent victim, obeying all the rules of the road.
Under Florida's comparative negligence laws, your recovery of damages will not be as high if you are shown to bear some fault in the accident or to have been negligent in some way. For instance, if you prove that the other driver was drunk, but it is also revealed that you were speeding, you may be entitled to less compensation even though the other driver was intoxicated.
Negligence laws are very complex, and to successfully recover the compensation you deserve, you have to present every aspect of the accident in your favor. Even in cases involving a drunk driver, you still must establish your own level of fault or negligence. Enlisting the aid of an attorney can help you better understand Florida's negligence laws and ensure that you recover the compensation you deserve after being the victim of a drunk driver's negligence.