People make bad choices while drunk all the time. However, the actions of some might prove to be harmful to others. When a person chooses to drive after consuming a significant amount of alcohol, they are not only choosing to put their lives in danger but also the lives of those who are traveling with them and the pedestrians. Drinking slows the response time and makes the drivers respond slowly to any situation. This increases the likelihood of accidents. For example, if the car in front of you brakes suddenly or a pedestrian crosses the street, it will take longer for your brain to process the situation and prevent an accident. Heavy drinking also affects the hand and eye coordination and reduces the concentration.
In Florida, there are more than 3,500 traffic accidents every year. Many victims suffer from severe injuries, while some can even result in death.
Common Drunk Driving Injuries
Some common injuries that the victims can suffer are:
● Internal organ damage
● Disfiguration
● Traumatic brain injuries
● Spinal cord injuries
● Paralysis
● Broken bones
● Burn injuries
● Death
The driver is always at risk of suffering severe injuries in case of such an accident. Whenever a driver is under the influence of alcohol, the risk of an accident increases.
Can I Sue A Drunk Driver In Florida?
Yes, you can sue a drunk driver in Florida. However, before you can proceed with your case, it is essential to have a few key points down. Firstly, you must consult an Orlando car accident attorney to discuss your situation. You must also have information about the following:
If Intoxication Was Responsible For The Situation
This information is likely to be found in a car accident report that is assembled by local law enforcement. The driver’s maximum Blood Alcohol Content (BAC) is 0.8%. If it is anything above this, they can be criminally charged aside from your own claim. The alcohol levels are essential to be noted in the case and can directly impact the compensation sought.
Prove The Accident Was Not Your Fault
This point may seem unfair, considering the fact that you weren’t the person driving the vehicle. However, it is also essential to provide some sort of evidence to prove that you weren’t the cause of the accident to clear your name. An attorney will be able to assist you with this and also have the resources to keep your position safe in the case. Even if the accident was partially your fault, the attorney will be able to protect you from the insurance companies, who do want you to connect with the experts.
Prove The Negligience Of The Other Driver
Proving negligence is always crucial to your case. An attorney will be able to help you with this evidence and also prove your innocence. They will put together an accident report, photos of the scene and damages, red-light or similar footage, witness reports, and accident recreation testimony. Sadly, the driver being drunk is not enough. Insurance companies can deny all your claims and simply state that the driver was drunk. They will do everything possible to make sure they do not have to pay the claim they need to. An experienced attorney has the skills and resources to carefully arrange all evidence and detection. You should consult an Orlando Personal Injury Attorney after the accident.
If No-fault Laws AffectYour Case
Florida is a “no-fault case”. This means that in the case of an accident, you are required to get compensation for your medical costs and other damages from your insurance company. A no-fault case requires your attorney to fight with the individual to pay for the compensation. Accident claims require that you approach your insurer to pay for your medical bills (expenses) and damages. DUI crashes can be different depending on the details and severity of the collision. Not only can you file claims with your own insurer, but you may have a strong case to file a claim with the driver’s insurance company as well.
Severity Of Your Injuries
Another crucial element to prove is that the injuries were severe and that you have incurred these injuries. You will have to share several reports like medical records, X-rays, and other similar documents.
Critical Evidence In A DUI Injury Case
An Orlando car accident attorney needs evidence to prove their client’s claim. You might need the following:
● Police and accident reports
● Witness statements
● Blood alcohol concentration (BAC) testing
● Surveillance videos
● 911 call recordings
● Hospital records, etc.
An attorney who specializes in car accident cases will be able to work with the evidence in hand and also collect new ones.
Potential Settlement Benefits Of A DUI
There are several requirements you must meet to qualify for your benefits. In Florida, you have to report the accident within 72 hours of the occurrence. Considering that around 88,000 people were injured in car accidents in 2022, these claims are not that common. If you do meet the criteria, the benefits you can qualify for are:
Wage Loss
Severe injuries can make the victim unable to earn a living. In this case, the compensation will include the wages the victim might not be able to earn in the future as a result of the accident. You must alert your Orlando personal injury attorney that the accident has affected your ability to work.
Disability
Sometimes, accidents result in permanent injuries. In this case, you will be eligible to receive ongoing disability benefits. This also includes other tragic situations, like disfigurement and wrongful deaths.
Treatment Expenses
Recovery from drunk driver accidents requires constant treatment and medical attention. The recovery can consist of anything from surgical intervention, long-term therapy, medication management, etc.
Mental Health Counselling
An accident impacts more than just your physical ability to work. The trauma can result in PTSD and constant fear while crossing or walking by the road. It can be hard to recover mentally and requires therapy and other forms of mental health intervention.
Property Loss
The damage from an accident to the vehicle may be a total loss and need replacement. As a result, you may receive compensation for your losses.
The Bottom Line
If you are a victim of a car accident, it is essential to know your rights. The victims and their families have a limited time to take action. Once you know your options, deciding to take the claim will be easier and less messy.