The answer to your questions depends on whether you are considered to have been negligent in your own driving and, if so, the laws of the state you live in. Florida follows the rule of pure comparative negligence, which means you can recover against the other driver, but your recovery is reduced by the percentage of blame assigned to you. Even if you are considered to have been more than 50% at fault in causing the accident, you could still recover. Alabama, on the other hand, follows the rule of pure contributory negligence, where the slightest blame on your part could keep you from recovering a single penny.
When representing injured clients in either state, our attorneys fight hard to make sure you are not unfairly saddled with any of the fault for an accident you did not cause.