What Are Your Legal Rights After a Drunk Driving Accident in Florida?
Unfortunately, while people know about the dangers of drunk driving, drunk driving accidents remain a common occurrence in the United States of America, Florida, not excluded. According to the FLHSMV, in 2023 alone, there were 5,029 drunk driving-related accidents in Florida. Drunk driving accidents can have devastating consequences for those involved. These accidents can result in severe injuries and substantial damages. Drunk driving accidents can even cause death.
In Florida, those involved in drunk driving accidents have several legal rights. Understanding what rights you have after being involved in a Florida drunk driving accident is vital for navigating the aftermath of such a traumatic event. Below are some of your legal rights after a drunk driving accident in Florida;
- Right to Compensation From the Drunk Driver
After suffering injuries in a Florida drunk driving accident, you have the right to file a personal injury claim and seek compensation from the drunk driver. In Florida, personal injury claims are based on the concept of negligence, and drunk driving is considered negligence in Florida.
Some of the compensatory damages you may be able to recover in a drunk driving accident case include;
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Out of pocket expenses, such as the cost of modifying your car or home to accommodate your injuries and the cost of hiring someone to help with household chores
According to Florida Statute 768.72, you may also be eligible to recover punitive damages if you can prove by clear and convincing evidence that the defendant’s actions were intentional or grossly negligent. These damages are awarded in addition to compensatory damages.
- Right to Compensation Under the Dram Shop Law
In Florida, after a drunk driver hits someone, the victim may have the right to file a claim against the establishment that sold alcohol to the drunk driver. You can file a compensation claim against the drunk driver and the establishment that sold the driver alcohol. Under Florida’s Dram shop law, if someone willfully sells alcohol to an underage person or a person who is habitually addicted to alcohol, they may be held liable for any injury or damage caused by the intoxication of the person.
Dram shop claims provide drunk driving accident victims with an additional avenue for pursuing compensation. The option of filing a dram shop claim may come in handy if the drunk driver is uninsured or underinsured.
- Right to Compensation From Uninsured/Underinsured Motorist Coverage
If the drunk driver is uninsured or underinsured and you have uninsured/underinsured motorist (UM/UIM) coverage, you can seek compensation through your insurance company. UM/UIM coverage is meant to protect you in the event you are injured by a driver who does not have insurance or who has insufficient insurance.
- Right to Legal Representation
Navigating the legal process after being involved in a drunk driving accident can be challenging. It is best to retain an attorney who can help you through the legal process. You have the right to seek legal representation, and what’s better is that personal injury attorneys often don’t charge any upfront fees.
Contact Us for Legal Help
If you’ve been injured in a drunk driving accident, contact our Fort Lauderdale personal injury attorneys at The Pendas Law firm for legal help.
The Pendas Law Firm also represents clients in the West Palm Beach, Fort Myers, Miami, Ocala, Orlando, Daytona Beach, Bradenton, Naples, Melbourne, Tampa, and Jacksonville areas.
Source:
flhsmv.gov/traffic-crash-reports/crash-dashboard/
