From cocktails on a beautiful beach to dinner and drinks on the town, Sarasota offers residents and visitors alike plenty of opportunities to relax and let loose. Unfortunately, some people get behind the wheel after a few too many and risk their lives and the lives of others on the road. Florida Statutes § 316.193 prohibits driving drunk, and victims of drunk driving accidents often pursue compensation from the driver who caused the collision.
If you suffered injuries or lost someone you love in a car accident caused by an intoxicated driver, a Sarasota drunk driving accident lawyer can help you pursue the financial recovery you need to get back on the road to recovery. Contact the Law Offices of Anidjar & Levine today at 1-800-747-3733 to talk to our legal team during your free consultation.
How Alcohol Affects the Ability to Drive
Even a small amount of alcohol can increase a driver’s chances of being involved in a car accident. Although the legal limit for blood alcohol concentration (BAC) in Florida is .08, the National Highway Traffic Safety Administration (NHTSA) states that judgment loss may begin at .02 BAC. By the time a person reaches .10 BAC, or approximately five drinks in four hours for a 150-pound adult, they may experience an obvious reduction of reaction time and control, slurred speech, and decreased coordination.
If the driver who hit you and caused your injuries had a BAC over .08, you may have a case. Contact the Law Offices of Anidjar & Levine today to discuss your accident with our legal team.
A Sarasota Drunk Driving Accident Lawyer Can Determine If You Are Eligible for Compensation
The process of pursuing a claim against a drunk driver can be complex, but our lawyers can investigate your case for you to see if you qualify for financial recovery for your injuries or loss. We start by determining the availability of insurance coverage, establishing liability, and evaluating your damages.
No-Fault Insurance Stipulations
Drivers in Florida are required to carry no-fault insurance, which means their own policies cover them in the event of an accident regardless of who causes it. However, exceptions sometimes apply in drunk driving cases, especially if your damages exceed your policy’s limits. In these cases, you may have the option to sue the driver for the additional losses.
Proving Negligence
Even if you suspect that the driver in your accident was under the influence when they caused the collision, you must prove that their BAC exceeded the legal limit. Police reports can typically provide this information, and our lawyers can reach out to the appropriate authorities to gather this information on your behalf.
Establishing legal negligence also requires that the at-fault party meets the four criteria of legal negligence:
- They must have had an obligation to keep you safe within reason, such as by driving sober.
- They must have breached that duty to you.
- Their breach of duty must have caused your injury.
- Your injury must have led you to suffer significant damages.
A Sarasota drunk driving accident lawyer can collect the necessary evidence to prove negligence in your case. Contact the Law Offices of Anidjar & Levine today at 1-800-747-3733 to discuss your accident with our legal team.
Types of Financial Recovery You May Receive
Financial awards in drunk driving accident cases in Florida vary widely based on many factors, such as the victim’s insurance coverage, the severity of the injury, and the extent of the property damage that resulted from the collision. Depending on your circumstances, you may qualify for one or more types of compensation, including recovery for medical bills, funeral expenses if you lost a loved one, or pain and suffering. Florida does not always allow car accident victims to seek compensation for pain and suffering, such as mental anguish or loss of consortium, but those involved in drunk driving accidents may have this option.
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You Have a Limited Amount of Time to File Your Drunk Driving Accident Claim
Each state allows victims a certain amount of time, called a statute of limitations, to file a claim against the liable party in their case. According to Florida Statutes § 95.11(3)(a), victims typically have up to four years from the date of the accident to file a personal injury claim in their case, while (4)(d) of the same section gives personal representatives of victims who lose their lives in drunk driving accidents up to two years from the date of the victim’s passing to file a wrongful death suit.
Certain factors, such as the delayed onset of an injury or the victim’s age, can affect when the clock starts ticking. A lawyer can calculate how much time you have to file your claim within the statute of limitations that applies to your case so you can move forward as soon as possible.
Drunk Driving Accidents in Florida
According to the Centers for Disease Control and Prevention (CDC), approximately one-third of traffic fatalities in the United States involves a drunk driver. In 2012, both the rate of adults who admitted to driving intoxicated and the number of car accident fatalities caused by drunk driving in Florida sat above the national average. Fatalities were most common among younger adults ages 21 through 34.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported more than 4,300 accidents resulting from drunk driving in 2020, which led to the injuries of almost 2,400 people and 262 deaths. In Sarasota County alone, over 150 drunk driving accidents caused seven deaths and more than 50 injuries that year. If you are a victim of an intoxicated driver’s negligence, our lawyers could determine if you qualify for financial recovery.
The Team at the Law Offices of Anidjar & Levine Will Go the Extra Mile for You and Your Case
At the Law Offices of Anidjar & Levine, we offer responsive legal care to help you pursue the compensation you deserve for the injuries or loss you suffered in your Sarasota drunk driving accident case. We want you to worry about getting better, so we worry about everything else, and we do not get paid unless you do. Contact our legal team right away at 1-800-747-3733 to get started.
