Although some states allow a person injured by an impaired driver to sue the bar that over-served the driver, Florida only allows this in very specific circumstances, such as when a person willfully sells or furnishes alcohol to a person under the age of 21, or when a person knowingly serves a person who is habitually addicted to alcohol. This implies that parents of minors who host an alcoholic party may be held liable for damages caused by a youngster who is inebriated, leaves the house, and injures others. In fact, criminal charges might be brought against the parents in this case.
Operating a car with a blood alcohol concentration (BAC) of 0.08 percent or above is unlawful in Florida, as it is in all other states. Regardless of BAC level, drivers who exhibit signs of intoxication and fail field sobriety tests may be arrested. Because Florida has a zero-tolerance policy for underage drinkers, teen drivers with any level of alcohol in their system will be arrested. For BAC levels of 0.04 percent, a commercial driver's license holder can be arrested.
You may have suffered significant injuries as a result of a drunk driving accident, such as head injuries (e.g., concussion or traumatic brain injury), cuts, lacerations, bruises, burns, damage to spinal cord, limb amputation, broken bones, whiplash, etc.
In a Drunk Driving Accident, Who is at Fault?
In most drunk driving accidents, the question of fault is clear-cut. After all, drunk drivers have a variety of choices for getting home than getting behind the wheel. If you have any questions, The Law Place's attorneys have a lot of experience with alcohol-related incidents and how to analyze the evidence. Our lawyers also understand that the insurance company will most likely want to make an arrangement with you as soon as possible, potentially even before you realize the full extent of your injuries.
Our first objective will be to demonstrate obvious carelessness and secure the greatest compensation for your injuries. If the drunk driver who hit you didn't have insurance, our lawyers will explore alternative sources of compensation, such as your own vehicle insurance's underinsured/uninsured motorist coverage, to compensate you for your injuries. In many situations, filing a civil action against the drunk driver may be your sole option for recovering full compensation for your medical bills, lost wages, and pain and suffering.
You may have been somewhat to blame for the mishap in some situations. If this is the case, Florida's comparative negligence statutes allow you to recover in exact proportion to the fault of the drunk motorist. This implies that if you are entitled to $60,000 in damages but were 20% at fault for the accident, you are only entitled to $48,000. If you were going faster than the speed limit when you were hit by the inebriated motorist, this may happen. While the collision would not have happened if the other driver had been inebriated, your excessive speed may have contributed to the event's severity.
If a loved one is killed in Florida by a drunk driver, you or another authorized representative have the right to file a civil wrongful death claim on behalf of the deceased's estate. A wrongful death claim guarantees financial security for the surviving, especially when the deceased was the sole financial supporter of a spouse and/or children. If the DUI driver has already been convicted criminally, it may appear that a civil case would be simple to win; yet, winning such a case requires the services of a highly trained attorney.
While a wrongful death claim will not make up for the loss of a loved one's emotional agony, it can assist pay for medical expenditures, lost wages, and future expected income, as well as funeral and burial costs. If there was purposeful or malicious carelessness involved, people whose loved one was murdered by a drunk driver may be entitled to punitive damages. Punitive damages are intended to both penalize the drunk driver and discourage future drunk driving instances.
Call Nooney, Roberts, Hewett & Nowicki Today So that We Can Help You!
If you've been hit by a drunk driver, you'll need an excellent legal team on your side. The attorneys at Nooney, Roberts, Hewett & Nowicki will fight tirelessly to ensure that you receive the best compensation for your injuries. If the motorist was arrested and convicted of DUI in connection with your accident, we will find and exploit any evidence relating to his or her unlawful activity. We'll get the results of the field sobriety test and the blood alcohol content (BAC) test, as well as video footage from the police officer's car. Our attorneys have decades of combined experience, which we will put to work for you if you have been injured by a drunk driver. You deserve an advocate on your side who will fight for your rights and has your best interests at heart.
Our personal injury lawyers at Nooney, Roberts, Hewett & Nooney have handled a vast variety of DUI personal injury cases. We work as a team to help you through the process and manage all the complexity of your individual circumstance, unlike other law firms. Our firm is varied and extremely talented. On many occasions, our dedication has resulted in very generous settlements and judgments. Remember, there is no charge for hiring us. We work on a contingency basis, meaning we aren't paid unless you are. Call us at (904) 398-1992 or fill out a brief form to schedule a free initial consultation today with our experienced and aggressive personal injury attorneys!