Does Comparative Negligence Apply in Florida Drunk Driving Accident Cases?
Drunk driving poses a serious threat to public safety. According to the NHTSA, about 37 people are killed every day in the United States of America in drunk driving-related accidents. This means that in a single year, more than 13,000 people are killed in drunk driving-related crashes. More people are injured in these accidents. When a drunk driving accident causes injury, the victim can seek compensation from the drunk driver since drunk driving is considered negligence.
In some drunk driving accident cases, claimants are surprised and dismayed to learn that the defendant is raising the issue of comparative negligence. Can comparative fault be a factor in a drunk driving accident case? Below, we delve into the issue of comparative negligence in Florida drunk driving accident cases.
Understanding Comparative Negligence
Comparative negligence is a legal principle that applies in personal injury cases. This legal doctrine addresses the apportionment of fault and damages in personal injury cases. When both the plaintiff and defendant share some responsibility for the accident, comparative negligence reduces the amount of damages the plaintiff can recover based on their percentage of fault in the accident.
There are two types of comparative negligence rules: pure and modified comparative negligence rules. With the pure comparative negligence rule, claimants can recover compensation even if they are 99% to blame for their accident. On the other hand, in states that follow the modified comparative negligence rule, there is a limit to how much fault the claimant can have and still recover compensation. Florida is one of the states that follow the modified comparative negligence rule. Under Florida’s modified comparative negligence rule, plaintiffs are barred from recovering compensation if they are 51% or more at fault for their accident. Some states bar recovery if an individual is 50% or more at fault for their accident.
Does Comparative Negligence Apply in Florida Drunk Driving Accident Cases?
In Florida, comparative negligence applies in all personal injury cases, including drunk driving accident cases. After filing a drunk driving accident case, the other driver may raise the issue of comparative negligence if they believe you also bear some responsibility for the accident. Their actions and yours will then be carefully examined. While it might seem obvious to you who is at fault for the accident, your own actions, such as speeding or distracted driving, may have contributed to the accident. If you are found to have contributed to your accident in any way, you will be assigned a percentage of fault, and the compensation awarded to you will then be reduced by your percentage of fault.
For example, if a drunk driver hit you but you were driving above the speed limit, you may be found partially at fault for your accident. If you are apportioned 20% of the blame and the drunk driver 80%, your compensation will be reduced by 20%. If you are found to be more than 50% at fault for your accident, you will be barred from recovering compensation.
Contact Our Fort Myers Personal Injury Attorneys
Navigating the complexities of comparative negligence in drunk driving accident cases requires legal experience. Our Fort Myers personal injury attorneys at The Pendas Law Firm can help ensure an accurate assessment of the degree of fault. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Ocala, Orlando, Tampa, Miami, Jacksonville, Bradenton, West Palm Beach, Daytona Beach, Naples, and Melbourne areas.
Source:
nhtsa.gov/risky-driving/drunk-driving
