What If The Driver Who Hit My Vehicle In Florida Was Intoxicated?

If you have been injured in a car accident caused by a drunk driver, it’s likely that your case will be multilayered. One might suffer significant injuries, vehicle damage, and post-traumatic stress disorder as a result of the collision. Anyone who was involved in a motor vehicle accident caused by drunken driving is considered a victim under Florida law.

According to official data from the National Highway Traffic Safety Administration, drunk driving is still a major problem in Florida. As a result, drunk driving is considered a crime, and a victim may be eligible for compensation for losses incurred as a result of the accident.

There are different kinds of compensation available to victims of drunk driving crashes in Port Charlotte, Florida. It’s important to understand that some compensation can be overlooked without the help of a car accident lawyer. Therefore, it is recommended to hire an attorney prior to taking legal action.

Anyone who has been injured in an accident caused by a drunk driver may pursue compensation against the motorist in Florida. However, there are certain aspects to consider before continuing with the case.

The first step is to contact a knowledgeable car accident lawyer who has experience with drunk driving accident claims. Then gather the following information:

Is Intoxication Responsible for the Accident?

This is the first and most crucial thing a victim should determine, and it’s discovered in a vehicle accident report. According to Florida law, drivers are not allowed to have a blood alcohol level of more than 0.8 percent. If the at-fault driver had an elevated blood alcohol level, he or she can be indicted criminally as well as sued in court for damages.

When it comes to a car accident claim made as a result of drunk driving, alcohol levels are critical to consider. This is because the victim’s damages may be affected. Furthermore, the at-fault driver will be investigated to see if they have previously been convicted of this offense. If the driver has a prior record, they will face stricter penalties. As a result, this information will influence a victim’s claim or lawsuit.

Proving You Didn’t Cause The Accident

When it comes to proving your innocence in such circumstances, providing evidence is critical. An attorney might help with this case since they have access to the tools needed to establish whether a victim was not at fault.

If the victim was partly at blame, their attorney may assist protect them against any insurance adjuster who would attempt to take advantage of that. A competent automobile accident lawyer has access to experts that can re-create car accidents and scientific experts who can testify and establish that the drunk driver caused the accident.

Proving the At-fault Driver’s Negligence

There are various methods for a victim to establish the at-fault driver’s negligence, which is critical to the case. To begin, a Port Charlotte car accident lawyer will gather all necessary evidence, such as detailed motor vehicle accident reports, witness statements, photos of the collision scene, and accident reconstruction reports.

A police report stating the driver was drunk is insufficient. This is because some insurance firms may refuse claims based on the fact that the driver was intoxicated, resulting in a denial of coverage. An experienced accident lawyer has all of the tools and resources necessary to establish responsibility for an accident.

Insurers are more concerned with settling claims for less money than the victim’s well-being. Until the injured party can show that the at-fault driver was negligent, they may not be able to build a solid case to go to court.

Are There No-Fault Laws Affecting Your Case?

Florida is a no-fault jurisdiction when it comes to vehicle accidents and insurance. When it comes to claims for DUIs, there are other variables to consider.

No-fault accident claims typically need the victim to first submit a claim with their insurer for all medical expenses and damages. DUI accidents, on the other hand, might differ based on how serious they are. As a result, a victim can file a claim with their insurance company while also bringing a lawsuit under specified circumstances.

How Severe Are Your Injuries?

Another key element to establish is the severity of injuries the victim sustained in order to receive decent compensation. They must submit a detailed description of their injuries, as well as medical records. Because a victim may not be able to get access to this information on their own, working with an auto accident lawyer that has experience dealing with these types of cases can be quite beneficial.

Driving a car with a BAC of 0.08 percent or higher is prohibited by law. In addition, drivers who fail sobriety tests may be detained regardless of their alcohol content. Also, teenagers behind the wheel with any amount of alcohol in their system can be taken into custody.

Florida has a zero-tolerance policy for underage drivers who consume alcohol. The higher the BAC, the more likely there is to be a catastrophic accident.

Serious injuries may incur as a result of drunk driving accidents such as:

• Head injuries which can sometimes cause a concussion or traumatic brain injury
•  Spinal cord damages
• Cuts, bruises, burns, or lacerations
• Broken bones or fractures
• Internal injuries
• Whiplash
• Disfigurement
• Death

There are advantages available to vehicle accident victims. Whether or not the at-fault driver is convicted in a criminal proceeding, these damages may be recovered. The following are some of the compensation possibilities open to a victim.

Medical Treatment Expenses

Recovering from an accident might necessitate significant medical treatment. This care could entail surgery, medical management, or long-term therapy. The victims may be able to recoup their expenses incurred as a result of the drunk driver.

Wage Loss

A plaintiff can also be compensated for the money they will lose as a result of their disability. The accident victim should inform their attorney of how the incident has affected their ability to work.

Property Loss

The accident may result in the victim’s vehicle being destroyed, necessitating a full replacement. Additionally, other personal belongings, such as a family heirloom, might have been harmed in the collision. When property is damaged as a result of an accident, the law enables the victim to seek compensation for its market value when it was destroyed.

Non-Economic Damages

Compensatory and punitive damages can be requested, as can payments for pain and suffering, post-traumatic stress disorder, mental anguish, loss of companionship, etc.

FGB Law Frim can assist you in obtaining a fair settlement if your loved one or you have been hurt as a result of drunk driving. Medical expenses continue to pile up, it’s important that you do not wait for the responsible driver or insurance company to take action.

Call FGB Law Firm at 941-979-9010 or complete our online form to schedule a complimentary consultation with our highly qualified auto accident attorneys.