If you are involved in a car accident caused by a drunk driver, recovering compensation is a multilayered process. You may experience vehicle damage, post-traumatic stress disorder, and serious injuries. After an accident caused by a drunk driver, it can be beneficial to hire a Florida car accident lawyer from Fetterman Law for assistance.
You can find more information about your rights after being struck by a drunk driver here.
The Impact of Drunk Driving in Florida
According to information from the FDOT, drunk driving is still a serious concern on Florida roads. Because of this, drunk driving is viewed as a criminal act, and as a victim, you may be able to recover compensation for losses you sustained because of the accident.
It’s possible to recover different types of compensation after a drunk driving crash. However, if you don’t hire a Florida accident attorney for assistance, you may not know all types of compensation you are entitled to.
Understanding How to Sue a Drunk Driver After a Florida Car Accident
If you have been involved in an accident that a drunk driver caused, you can sue the person in the state of Florida. However, before moving forward with the case, you must consider some essential elements.
The first step is to contact a Florida auto accident attorney with experience representing victims after being involved in drunk driving accidents. Once you have done this, it’s important to gather information related to the following things:
Was Intoxication Involved in the Accident?
An important element you must determine is if intoxication was involved in your car accident. Usually, this information is in the accident report. Florida law states that drivers cannot have a BAC (blood alcohol content) over 0.8%. If the driver at fault for the accident has a high BAC, they will likely face criminal charges, along with the civil lawsuit your Florida car accident attorney helps you file.
When moving forward with a car accident claim resulting from drunk driving, you must note the alcohol levels. That’s because this is a factor that can have a direct impact on the damages you seek. Additionally, the driver who is at fault for the accident will be investigated to determine if they have been convicted of this crime in the past.
If the driver has a prior conviction, they will face even more serious consequences. This will also impact your lawsuit.
How to Prove You Aren’t at Fault for the Accident
Sometimes, this point may seem irrelevant. After all, if you aren’t the one who was driving after consuming alcohol, how could you be at fault?
However, when dealing with a case like this, it’s important to present evidence that clears you from any fault in the incident. Hiring a car wreck attorney will help you in this situation because they have the resources and ability to help prove that you were not at fault.
If you are determined to be even partially at fault for the accident, your attorney can help protect you from insurance adjusters who are trying to use this fact to reduce or eliminate your right to recover compensation for your damages. A reputable Florida accident injury lawyer will have connections and be able to find experts to recreate the accident and provide scientific analysis of what happened. With this information, it will be possible to show how the drunk driver caused the accident.
Showing Negligence in Car Accidents Involving a Drunk Driver
With the help of your attorney, there are a few ways to prove that the other driver was at fault for the accident. This is essential for your personal injury claim. Your injury attorney will gather the needed evidence, which includes witness statements, accident reports, medical reports, photos of the accident scene, and other pertinent information.
A report showing the at-fault driver was drunk isn’t enough in this situation. That’s because many insurance companies may deny a claim if the driver was under the influence of alcohol and, therefore, negligent.
Hiring an experienced accident attorney with the resources and skills to prove who was responsible for your accident is essential. Before talking to the insurance company, be sure to consult with our attorneys.
Remember, insurance companies want to pay as little as possible for an accident claim. They don’t care about what’s in your best interest. Additionally, until you successfully prove negligence, you may not be able to proceed to court.
Florida No-Fault Laws and Your Car Accident Case
When it comes to accidents and insurance, Florida is a no-fault state. With DUIs, though, there are other factors you need to consider when moving forward and filing a lawsuit.
A no-fault accident claim typically requires that you file a claim with their own insurer to cover medical bills and lost wages before pursuing a claim against the at-fault party. In some cases, though, a DUI crash may be different based on its severity. Because of this, you can file a claim with your insurer and receive payment from your PIP (personal injury protection) coverage. You may also be able to file a lawsuit against the at-fault party if your case meets the qualifications to do this.
Injury Severity Considerations
When seeking a fair amount of compensation for your injuries and damages, you must consider how severe your injuries are. You must share the extent of your injuries by providing medical records. Sometimes, you can’t get this information alone, which is another reason to have an experienced personal injury attorney helping with your case.
The Potentially Serious and Long-Term Effect of an Accident with a Drunk Driver
You have rights if a drunk driver causes an accident where you are injured or experience damages. While the driver may face criminal charges, you can also file a civil lawsuit against them to recover compensation for all your accident-related losses.
Do you have an accident claim? Do you need assistance? If so, contact our legal team at Fetterman Law, to schedule a free initial consultation.