Car Accident Lawyer
Drunk Driving Car Accidents Attorneys
Getting hit by a drunk driver can change your life in an instant. These accidents can lead to serious injuries like broken bones and physical deformities. At some times, you might even lose a loved one. If you have been affected by the actions of a reckless drunk driver, you should get in touch with one of our drunk driving car accident attorneys. Let’s look at some of the ways that we will be able to help you.
What Should You Do After a Drunk Driving Accident?
After you’ve been involved in a car crash, you should start by taking a breath. While it’s a chaotic situation, getting stressed isn’t going to help anything. This is especially important when dealing with a drunk driver. Their behavior can be erratic and unpredictable. So, it’s important to make sure that you are prepared.
Next, call the police. Do this as soon after the accident as possible. The longer the police take to arrive and test them, the lower their blood alcohol levels will be. This will allow them to perform a BAC (Blood Alcohol) test. This can lead to testing urine and blood. This evidence will prove to be vital, allowing your lawyer to establish that that other person was driving while intoxicated (DWI).
If anyone witnessed the accident, get their names and contact numbers. They can be vital for verifying your version of events. Look around for any cameras in the area that might have witnessed the accident. Your lawyer can subpoena these recordings.
Most importantly, though, take care of yourself. Being involved in a car accident can lead to several serious injuries. If you were hurt, you’ll need to call an ambulance. Get to the hospital to get the treatment you need. Even if you don’t think you were hurt too badly, you should go see a doctor. Sometimes, the adrenaline can mask the pain making injuries hard to detect. Do this as soon after the crash as possible. This will make it easier for your lawyer to link the injuries with the crash.
Finally, you’ll want to contact a lawyer. The sooner you talk to them the better. It ensures that your memory is still clear, allowing you to remember the details in clarity. All communication about the case will be handled through your car accident attorneys. This ensures that you don’t say something that could accidentally jeopardize your case.
Can You Sue a Drunk Driver?
In Florida, drivers are required to have a PIP or Personal Injury Protection policy. This ensures that you will be able to make a claim from your insurance company for the injuries that you received. Additionally, Florida is a no-fault state. You can claim, even if you were at fault for the accident. This can make it harder to file for damages against the drunk driver. But it isn’t impossible.
Your car accident lawyer will need to establish that your injuries were serious. This can mean things like broken bones, or permanent disfigurement. It also applies where families have lost a loved one at the hands of a drunk driver.
To sue the other driver, you will need to establish negligence. This means that your lawyer will need to prove that their actions caused the accident. The tests conducted by the police can be a good way of establishing this. They can also use witness statements, expert analysis, and video recordings to show that the driver was acting dangerously.
It should be noted that the criminal case against the drunk driver is separate from a personal injury case. So even if the criminal courts declare that the drunk driver isn’t guilty, you will be able to continue with your civil case. Unlike a criminal case, you don’t need to prove that the other driver is guilty beyond a reasonable doubt. All your lawyer needs to prove is that they were negligent. This is a much easier standard to meet.
Who Else Can Be Held Liable For Your Injuries?
In addition to suing the drunk driver, there are a few other people that your lawyer might be able to sue. For example, you might be able to sue the establishment that served the drinks. This will be a harder case to make. But if the other driver was a minor, or was known to routinely misuse alcohol you might have a case. If the person was a minor, you will be able to sue the parents. It will be illegal for them to allow anyone under 21 to drive with alcohol in their system.
Sometimes, your lawyer will be able to bring a suit against those who lent the vehicle to the drunk driver. If they knew that the person was drunk, they will become liable for their actions. This can sometimes apply if the person was driving a company car. The employer might be held liable for their actions. However, if the employee wasn’t permitted to drink, you might not have a strong case. As you can see, it’s important to get a good lawyer to help clarify the rules and determine whether a lawsuit will be wise.
What Types of Damages Can You Receive?
Following a car accident, you’ll be entitled to claim multiple damages. First, you will be entitled to claim any medical bills that you might have received. Because of this, it’s important to keep all the receipts that you received. This includes the estimates of the future costs that you could expect to pay.
You will also be entitled to sue for loss of earnings. This includes the time you needed to take off work to deal with the accident. It can also apply to a loss of earning potential. For example, if you now have a disability, you might not be able to do physically demanding work anymore.
You might also be able to claim based on the way that the crash affected your mental health. For example, it might have left you with PTSD or depression. Sometimes, you might have needed to go through painful surgery. Often, this aspect of the claim will be most difficult for a lawyer to quantify. But we will have experienced attorneys that will be able to discuss your situation and get a good understanding of what you went through.
Finally, you might be able to sue for punitive damages. In this case, your lawyer will need to highlight how dangerous the actions of the driver were. Then, the court might decide to enact additional damages. This is designed to act as a deterrent to stop future accidents.
What Type of Damages Can You Receive in a Wrongful Death Case?
Sadly, the reckless actions of drunk drivers can sometimes result in the death of a loved one. In this case, you will be able to sue for damages. Unlike a personal injury case, there won’t be any medical expenses. Instead, you’ll be able to claim the funeral expenses.
You will also be able to sue for emotional damages. This is known as the loss of consortium. Put simply, this means all the moments that you would have enjoyed with your loved one if they hadn’t been killed. This is a deeply personal case, so you want to make sure that you get the help of experienced drunk driving car accident attorneys.
What Should You Do if the Drunk Driver’s Insurance Company Calls You?
Sometimes, the insurance company that represents the drunk driver will contact you after the crash. You should avoid talking to them without your lawyer present. There are a few reasons for this.
For example, they can ask misleading questions. They might try to get you to minimize the significance of your injuries. They can then play this in court later, in an attempt to damage your case.
At other times, they might offer to settle the case on the spot. This minimizes the costs of preparing a case. However, this might be a lowball offer. If you accept their offer you might lose the right to sue them for damages later. If you have your lawyer with you, they can negotiate on your behalf. This will ensure that you are getting the highest amount of compensation.
Will Your Case Go to Court?
Most car accident cases will be settled out of court. As going to court is an expensive process, a settlement can benefit both sides. However, this might not always be the best approach. For example, the other side might not offer a high enough settlement figure. If this happens, you need to have a lawyer that is prepared to go to court to get you the compensation you deserve.
Contact The Injury Firm
If you or someone you know has been hurt in a car accident, you should talk to the professionals at The Injury Firm. We will fight for our clients, making sure that you get treated fairly. This ensures that you get the compensation that you deserve. So, call our team today on 954-951-0000 to get a free case evaluation.
