Whether you were the passenger of a drunk driver, or you were hit by a drunk driver while operating a motor vehicle, a serious injury as a result of a drunk driver is not your responsibility to cover.
Whether you were the passenger of a drunk driver, or you were hit by a drunk driver while operating a motor vehicle, a serious injury as a result of a drunk driver is not your responsibility to cover.
In Florida, minor injuries and damages are covered by the vehicle operator’s own insurance. However, when a serious injury occurs, the liability limit does not cover enough for the medical bills of the injured individual. In this case, the individual injured can file a claim against the guilty party, so that they can be fairly compensated for their injuries and damages.
Correctly pursuing legal action in a car accident is difficult in the state of Florida, so leave it up to the team who has proven time and time again that they can get results.
The statute of limitations for drunk driving accidents in the state of Florida is four years after the accident occurs, and two years if the accident resulted in death.
There are exceptions to these statutes, so it is wise to consult with a car accident injury lawyer if you feel you might be pushing the limit on your claim.
In Florida, one of the most common defenses for the party at fault is comparative negligence. This means the party that is facing legal action will try to prove that they were not entirely at fault for the accident, and therefore should not pay for the entirety of the damages.
With Florida’s pure comparative negligence, a percentage of damages is given to each party. For instance, if an injured party is found to be 20% at fault for damages found to be $100,000, the guilty party would only be responsible for their 80% of the damages ($80,000).
Drunk drivers are normally exempt from seeking injury compensation, as a result of their own intoxication. If they have a BAC of .08 or higher, the driver is believed to be at least 50% at fault for their own injuries.
Drunk drivers have impaired motor function ability, and being intoxicated makes their reaction times slower. This produces a lot of high speed drunk driving accidents, because the intoxicated driver did not slow down in time. Often times, a driver can even drift to sleep while operating their vehicle. Instances like these produce serious injuries, and can even be fatal. Here are the most common drunk driving injuries that we see.
If you have suffered a serious injury (permanent, disfiguring, or debilitating) from an accident with a drunk driver, you can seek additional compensation for your injuries by filing a personal injury claim.
With a qualified car accident injury lawyer, the chances of your claim being proven in the court system increases significantly. The compensation from your personal injury claim can be used to pay for your medical bills and damages that insurance won’t cover.
Calling 911 can alert medical attention if you have sustained injuries, and will also alert police officers. Drunk drivers are a safety risk for many reasons, and you might be glad to have officers of the law on scene. Drivers who are involved in an accident while intoxicated are at a higher risk of fleeing the scene, and are also more likely to become combative.
Even if you feel you have sustained no injuries, letting a medical professional check on you is always wise. When individuals are involved in a car crash, adrenaline kicks in naturally. This can cover up certain feelings, and has even been known to hide pain. In other words, you could be injured and not even know it.
Documentation is everything. Take pictures of the accident, as well as any injuries you have sustained. If you do decide to pursue legal action in the future, this documentation can become key evidence for your claim.
Contacting a legal representative that specializes in drunk driving accidents can provide you with legal advice specific to your case. To find a great attorney for your case, look for attorneys with practice areas specific to your individual case.
Hiring the right legal team can make or break your personal injury claim. At Florida Car Accident Lawyer Team, we will always pursue the full amount of compensation you are owed, and fight every step of the way. Our team of car accident attorneys have handled every type of car accident claim, and have the experience to present your claim to the Florida court system.
Correctly pursuing legal action in a car accident is difficult in the state of Florida, so leave it up to the team who has proven time and time again that they can get results. Contact one of our car accident lawyer today to discuss your claim, so we can start preparing your case and fighting for your compensation!