Frequently Asked Questions About Pursuing Compensation After A Drunk Driving-Related Accident In Florida
Drunk driving accidents are quite common in Florida. According to the FLHSMV, in 2022, there were 5,018 drunk-driving-related traffic crashes in Florida, resulting in over 2,800 injuries. Unfortunately, an injury suffered in a drunk driving-related accident can leave you out of work and unable to earn an income. An injury sustained in a drunk driving-related accident can leave you struggling with substantial medical bills and many other damages. However, the good news is that you can file an accident claim and pursue compensation after suffering injuries in a drunk driving-related accident. Contact a skilled personal injury attorney to seek compensation after suffering severe injuries in a drunk driving-related accident.
You likely have some questions if you are considering pursuing compensation after suffering severe injuries in a Florida drunk driving-related accident. Below, we answer some FAQs about seeking compensation after a drunk driving-related accident in Florida.
How can I prove the motorist who hit me was drunk?
First, you can use witness statements to prove that the driver who hit you was intoxicated. For example, witnesses may be able to corroborate the presence of liquor bottles in the other driver’s vehicle or that the other driver smelled of alcohol.
Second, the police report can help you prove drunkenness. That is why it is crucial to let the police know that you suspect a driver is intoxicated after an accident happens.
You could also use pictures, video footage, BAC results, and the other driver’s social media posts to prove that the driver was drunk. If, for example, the other driver checked into a club sometime before your accident, that could help you prove that they were drunk driving.
What damages can I seek against a drunk driver in Florida?
In Florida, you can seek economic damages like medical expenses and lost income and non-economic damages like pain, suffering, and emotional distress after sustaining severe injuries in a drunk driving-related accident. You may also be eligible for punitive damages, which are damages meant to “punish” the defendant.
What if the drunk driver who hit me is uninsured or underinsured?
If you have uninsured/underinsured motorist (UM/UIM) coverage, you can recover compensation from your insurance company for damages you suffered because of the drunk motorist. Florida also has a Dram Shop Act that allows you to recover compensation from the establishment that served alcohol to the motorist who hit you. However, according to Florida law, an establishment is only liable if it serves a person with alcohol, knowing that the person is “habitually addicted” to alcohol or a minor.
What if I was injured by a drunk driver, but I was also at fault? Can I file a claim against the drunk driver?
Yes, you can. Florida is a comparative negligence state, meaning you are allowed to file an accident claim against a negligent party even if you are partially to blame for your accident. However, in such a case, the damages you recover will be reduced by the percentage of your own fault.
Contact Us for Legal Help
If you’ve been injured in a crash by a drunk driver, contact our skilled and dedicated West Palm Beach personal injury attorneys at The Pendas Law Firm. We can help you recover the compensation you deserve.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Miami, Fort Myers, Tampa, Jacksonville, Bradenton, Ocala, Orlando, and Daytona Beach areas.
