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.