What are My Rights When Hit by a Drunk Driver?

In the state of Florida, there were 43,899 DUI violations issued in 2017 alone, and 24,334 of those resulted in convictions.

Those numbers represent approximately 120 DUI stops per day in the state. Statistically, most DUI fatalities occur on Friday and Saturday after midnight, and nearly one-third of Florida’s road fatalities are DUI related. Still, there are thousands of DUI accidents annually which do not cause death but do result in serious injury and property damage. If you have been hit by a drunk driver, what are your legal rights?

What if You Were Hit By a Drunk Driver?

Because Florida is a no-fault state, the first line of defense is your own insurance company. However, your insurance only pays up to a certain point, and if your damages (either medical or property) exceed your limits, you  may have an excellent case for a lawsuit or claim against the drunk driver’s insurance company.

When the other driver has been cited for drunk driving, the case for negligence is basically open and shut. If you have been hit by a drunk driver and suffered injury, you should immediately call a Sarasota personal injury lawyer. We can begin to collect information, incident reports, medical prognoses and insurance claims in order to formulate your case. Like any other accident, there may be comparative negligence – that is, you may have been partially at fault for the accident. Although you may not have been under the influence, if it is determined that you were speeding, for instance, a judge may find that you were partially to blame for the severity of the accident. The sooner we can begin to collect evidence after an accident, the better.

If a family member or loved one was killed by a drunk driver in the state of Florida, a personal representative is entitled to file a civil wrongful death claim on behalf of their estate. A wrongful death claim provides the survivors with a guarantee of financial stability, especially in cases where the deceased was the sole or primary financial support for a spouse and/or children. If the at-fault driver has been criminally convicted of a DUI, a civil case is easier to win – but not a foregone conclusion. Legal assistance is always strongly recommended in order to best protect your family’s rights.

While a wrongful death claim and subsequent payout will not appease in any way the emotional suffering caused by the death of a family member, it can be beneficial for the payment of medical expenses, funeral or burial expenses, lost wages and loss of future projected income. In some cases, punitive damages may apply as well. Punitive damages are essentially designed as a punishment for the actions of the drunk driver, and is meant to be a deterrent for future drunk driving incidents and accidents.

Did You Know? Driving while under the influence of alcohol severely impacts the likelihood that a driver will cause an accident; and in Florida, implied consent applies. Essentially, when you signed your driver’s license, you agreed to take a blood or urine test upon request. Failure to do so could result in the year-long suspension of your license.

If you have been involved in an accident in which the other driver was under the influence of alcohol,. you likely have a strong case in civil court. Make sure that your medical needs are cared for, and then call a Sarasota or Bradenton personal injury lawyer to discuss the merits of your case. If a loved one has been killed by a drunk driver, call Probinsky & Cole today. We understand that this is a very painful time, and will take the burden off of you and your family,  representing your rights under the law.