In a Florida personal injury case, you need to show that you have sustained injuries due to someone else’s negligence. Since drunk driving is clearly negligent behavior, if you have been injured in an accident involving a drunk driver, you could likely sue for compensation.
Operating a motor vehicle while intoxicated is, of course, against the law. In Florida, the blood alcohol content (BAC) level to be considered legally intoxicated varies. If the driver is a minor (under 21) the BAC legal limit is under 0.02%. If the driver is 21 or older, the legal limit is under 0.08%. If the driver is driving commercially (such as a truck driver), the limit is under 0.04%.
Someone who can “hold his liquor” may not even feel any effects of the alcohol at this level, but if the police arrive and a test shows the level is over the legal limit, that driver has committed a crime and has clearly been negligent.
What to do after an accident
Florida law requires auto insurers to offer Personal Injury Protection (PIP) as part of auto insurance coverage. Under PIP, your insurance policy is required to cover up to $10,000 of medical expenses due to the accident, but you must visit a recognized medical professional within 14 days of the accident to be eligible for compensation for medical expenses under the Personal Injury Protection (PIP) law.
No matter how you feel after an accident, see a doctor, even if you do not feel pain initially. Often, pain can present itself a few days or a week or more after the initial injury, but still be associated with the accident. There are many reasons for this, such as inflammation gradually setting in, normal activity causing the injury to finally become evident, or adrenalin or shock wearing off and allowing the body to express pain. Don’t ignore any symptoms, because they could point to a deeper issue. For instance, a nagging ache in the abdomen or chest might signal a serious internal injury. Be sure to document everything you are experiencing and all medical visits and expenses. Take notes at your doctor appointments so you have evidence to support a possible future injury claim.
Under Florida Statutes – Motor Vehicles 316.065, you are also required to file a car crash report within 10 days if any injury or death occurred; if the accident was caused by a drunk driver; if it was a hit-and-run; or if there was property damage of $500 or more. Collect as much evidence as you can. The police will create a police report, but if possible, take pictures of the accident and the scene of the accident, including road conditions, weather, etc. Make note of whether there are open bottles or cans of alcohol in the car, the smell of alcohol, slurred speech, or anything the driver or witnesses say. Try to get witness statements and collect their contact information if they are willing to help. At the very least, ask the witnesses to make a statement to the police when they arrive.
What to do after reporting the accident
First is what NOT to do. Do not make any statements to any insurance company outside of the most basic information. Keep it simple. Do not sign anything or make any deal. It is in the other insurance company’s best interest to pay out as little as possible. They will likely try to deny responsibility or try to argue that you are partly to blame. Do not even discuss it with them. Call a personal injury lawyer immediately, especially if the insurance company tries to intimidate you or even charm you into accepting a settlement.
Besides suing the insurance company in a drunk driving case, you could sue the driver for punitive damages. The intention of punitive damages is to punish the driver for extremely negligent behavior. In addition, Florida’s dram shop laws may make it possible for you to sue the individual or establishment that served the alcohol, especially to a minor or someone who is known to have a drinking problem.
When you are injured by a drunk driver, regardless of what vehicle the driver was operating (car, speed boat, off-road vehicle, etc.), you may have a very solid case to sue for compensation. But you need an experienced personal injury attorney who knows how to collect the strongest evidence against any and all possible defendants.
As a personal injury attorney and a lifelong Floridian, I work vigorously to uncover every possible shred of evidence, expense, or complication for my clients to help them get the maximum settlement for their injuries. Every case I take on becomes personal to me, as if one of my own friends or loved ones had been injured. I know how to negotiate significant settlements, but I’m not afraid to go to court if necessary, and I have a track record of winning substantial awards. Contact me today, 24/7, at (954) 448-7288 from anywhere in Florida to schedule a free consultation to discuss your case.