A Florida DUI (driving under the influence) lawyer can help if a drunk driver injured you. Road accidents are common in Florida and can cause painful and expensive injuries. And many of those car wrecks are caused by drivers who got behind the wheel while under the influence of alcohol or drugs.
Victims of car accidents may be entitled to pursue damages from the liable parties, particularly when their accident and injuries were caused by someone else’s negligence, for instance, a driver under the influence. Your Florida car accident lawyer can give you the legal support you need to file a claim for damages.
Florida Laws on DUI Accidents
Since Florida is one of the states with the most car accidents, laws and regulations are in place to protect people on the road. And many of those laws are specifically designed to deal with drivers under the influence.
For instance, according to our Florida personal injury lawyers, any adult with a blood-alcohol content (BAC) of 0.08 or higher can be arrested if they put themselves behind the wheel, even if they drive slowly and carefully. In fact, someone can be arrested just for napping inside their car in a parking lot if their Blood-alcohol ratio is over the allowed threshold.
That is also why a drunk driver will almost always be liable for the accident and the victim’s damages in an accident.
Determining Liability in Florida DUI Accidents
One of the most important aspects of a DUI accident claim is determining who is at fault. When a drunk driver is involved in a car crash, they are usually considered liable. However, there are some cases where other parties can also be liable.
Your attorney must determine liability to determine which insurance company will pay for your damages. But, your lawyer must also build a strong case and present evidence to either negotiate a financial settlement or pursue damages in court.
DUI Accidents and Florida Dram Shop Law
If a drunk driver causes an accident in Florida, they are liable for damages; however, according to Florida laws regarding liability for injury or damage resulting from intoxication, an establishment, such as a pub or a bar, can be liable for an accident, if they served more alcohol to an already drunk person, or someone know for an alcohol addiction.
An experienced DUI lawyer can help you pursue damages from the drunk driver or their insurance. But they can also help you determine if a local bar can be considered liable for overserving alcohol to the responsible driver.
Common Injuries in Florida DUI Car Accidents
Car accidents can be particularly devastating for the victims when the responsible party is a drunk driver. That is because alcohol impairs a driver’s judgment and can lead them to speeding, reckless driving, and other actions that can cause serious damage to other vehicles and their occupants.
Some of the most common injuries in drunk driving car accidents are:
- Cuts and bruises
- Whiplash injury
- Disc herniations
- Shoulder and knee injuries
- Broken bones
- Traumatic brain injury
- Post-traumatic stress disorder
However, every accident is different, and if your injuries do not appear on the list, you should talk to your legal representative to be sure how to proceed with your legal claim.
What to Do After a Drunk Driving Accident
The aftermath of a car accident can be confusing and complicated, particularly when one or more drunk drivers are involved. But if you can move around, there are some things you can do to protect yourself, your passengers, and your legal rights.
- Call emergency services. If you or any of your occupants were injured, calling 911 can help you get the medical assistance you need from EMTS. But calling the emergency service will also send police officers to the scene, which means they should write a report. Your attorney can use that report to support your case later.
- Gather information. If there were witnesses at the scene, gather their contact information. Try to also get the liable driver’s contact and, if possible, their insurance information.
- Collect evidence. Photos and videos taken with your smartphone can be valid evidence in court. If you can move around, try taking photos or videos of your injuries, the cars involved, the drunk driver, and any other relevant things, such as a broken traffic light.
- Avoid talking to the liable parties and their insurance. In most DUI accidents, the drunk driver is liable; however, even in cases like that, some insurance companies can be complicated to deal with. Sometimes, they can even use your words against you to deny or diminish your claim. It is wise to kindly refuse to answer questions and talk to your lawyer immediately.
- Get legal support. Getting legal support is the best way to prevent insurance adjusters from taking advantage. Your attorney can help you build a case, but they can also deal with insurance companies on your behalf.
Statute of Limitations for Drunk Driving Accidents in Florida
If a Drunk driver in Florida injured you, it is important to remember that the Florida Statute of limitations for personal injuries is two years. That means you only have up to two years to file a legal claim for damages after a DUI accident. However, you need to talk to your attorney because some circumstances can shorten your time frame.
Besides, your attorney can negotiate an off-court financial agreement with the liable parties, resulting in more convenience than a trial. But to do that, they need to investigate, build a solid case and negotiate with insurance companies. And all of that takes time.
Hire a Florida DUI Accident Lawyer Today
Car accidents can cause serious damage, particularly when a drunk driver is involved. If that is your case, talking to a Florida DUI accident attorney may be your best chance at recovering compensation for damages. This can come in handy since hospital and rehabilitation bills can be expensive.
A DUI accident lawyer in Florida from Fasig | Brooks is ready to hear your story and answer all your questions about a DUI car accident in a free strategic consultation. Besides, our lawyers can work for you on a contingency basis, which means if we don’t win, you don’t pay. Contact us today, and let’s fight for the compensation you deserve.