Can I recover compensation if I was injured as a passenger in a drunk driver's vehicle?
Yes, you can pursue compensation, but the driver’s insurer will likely argue comparative fault under Fla. Stat. § 768.81. If the insurance carrier shows you voluntarily entered the vehicle knowing the driver was intoxicated, they may claim you contributed to your injuries. Under Florida’s modified comparative fault law, your recovery is reduced by your share of fault, and you cannot recover damages if assigned more than 50% responsibility. Establishing whether you knew or should have known about the impairment requires careful factual examination. The Altman Law Firm defends injured passengers against unfair allegations of comparative fault to pursue full financial recovery.
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