A driver can face jail time and fines for driving while under the influence of alcohol or drugs. If you suffer an injury in a car accident caused by a drunk driver, you may get compensation for your injury.
If you suffered an injury in an accident caused by a drunk driver, call a drunk driving accident lawyer at the Law Offices of Anidjar & Levine in Margate, FL, at 1-800-747-3733 for a free consultation.
Establishing a Drunk Driver’s Liability for Your Traffic Accident
If you suffered an injury in an accident with a drunk driver, the drunk driver is not automatically liable for your injuries. You must show the actions of the drunk driver caused the accident.
Proving a Driver Was Drunk at the Time of the Accident
In Florida, it is illegal for a driver who is 21 years of age or older to operate a vehicle with a blood alcohol concentration (BAC) of .08 percent or more. The limit for a driver under 21 years of age is .02 percent. Drivers in Florida must consent to a blood or breath alcohol test to determine his or her BAC.
Proving a Drunk Driver’s Liability for Your Injury in an Accident
To prove the liability of a driver for an accident, our attorneys must prove the driver was negligent. A showing of negligence requires four elements:
- The driver owed a duty. A driver owes you and other motorists a duty to operate his or her vehicle safely and to obey the rules of the road.
- The driver violated that duty. The driver ran a red light or drove more than the speed limit.
- The driver’s conduct caused the accident.
- The accident caused your injury.
Demonstrating the driver was drunk can show the driver violated his or her duty owed to you. Our attorneys must also show the intoxication caused the accident. If, because the driver was drunk, he or she ran a red light or was traveling the wrong way on the highway and struck your vehicle, the drunk driver is liable.
How can our attorneys show a driver was drunk?
- Our attorneys will read the police report.
- Our attorneys will determine if the driver was arrested for, charged with, or convicted of driving under the influence.
- Our attorneys can gather the results of a blood or breath alcohol test performed on the driver.
- We can hire an expert to testify about how a high BAC level affects the judgment and reaction time of a driver.
- We can interview witnesses who saw the driver’s vehicle weaving before the accident.
- We can talk to witnesses who observed the driver’s conduct at the scene of the accident.
If you suffered injuries in a traffic accident, contact a drunk driving accident lawyer at the Law Offices of Anidjar & Levine for help.
Impact of Your Fault for Your Injuries in an Accident with a Drunk Driver
In Florida, your fault does not prevent you from recovering for your injuries in a traffic accident. Your fault only reduces the amount of your recovery by the percentage of fault assigned to you.
Recovering Compensation for Your Injuries in an Accident With a Drunk Driver
You can suffer serious injuries in an accident with a drunk driver. The drunk driver can be traveling well over the speed limit or may be traveling in the wrong lane and strike your vehicle head on.
Insurance Considerations in a Traffic Accident in Florida
Florida is a no-fault state when it comes to recovering compensation for your injuries in a traffic accident. Drivers in Florida must carry Personal Injury Protection (PIP) coverage. Regardless of who is at fault, your PIP coverage pays your medical expenses and lost wages up to $10,000 ($2,500 for non-emergency injuries).
If you suffer serious injuries and exceed the threshold, you can proceed against the at-fault party.
Damages You Can Recover for Your Injuries in an Accident With a Drunk Driver
What compensation can you recover for an injury in an accident with a drunk driver?
- Medical expenses: This includes the cost of rehabilitation or physical therapy. If you receive catastrophic injuries, you get compensation for your future medical care, including lifetime treatment.
- Lost wages: You may not be able to return to work for some time after your accident. You get compensation for the work you miss. Once you return to work, you get compensation for the time you miss for appointments to the doctor and therapist.
- Lost earning capacity: If you are not able to return to work after your injury, you get the difference in what you earned before the accident caused by the drunk driver and what you can earn after the accident.
- Pain and suffering: You can get compensation for your pain caused by the accident. You can suffer burns or other painful injuries.
- Emotional distress: You can suffer emotional injuries, such as post-traumatic stress disorder, from the accident.
Did you suffer injuries in an accident caused by a drunk driver? Contact a drunk driving accident lawyer at the Law Offices of Anidjar & Levine. Our attorneys will read your medical records and talk to your doctors to determine the extent of your injuries and the future medical care you need.
Settling Your Claim for Injuries in an Accident with a Drunk Driver
Our attorneys will negotiate with the insurance company or the attorneys on the other side to reach a settlement that compensates you fairly for the injuries you suffered in an accident with a drunk driver. If our attorneys cannot reach a reasonable settlement, we will take your case to court and let a jury or judge decide the outcome.
If your suffered injuries in an accident with a drunk driver, call a drunk driving accident lawyer in Margate, FL, at the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation. In Florida, you have four years to file a suit to recover for your injuries in an accident with a drunk driver. Call now so our lawyers can start working on your case.