Most people know that it’s illegal to get behind the wheel while intoxicated. Do you know, though, what your rights are if you are in an accident with a drunk driver?
What Is Considered Drunk Driving in Florida?
The legal limit in Florida, according to state law, is 0.08%. This means if you have a blood alcohol content (BAC) of 0.08% or higher, you’re breaking the law. However, chances, are you may not know if the other driver has been drinking or not. For this reason, it’s best to call the local police department and let them decide.
Important Steps to Take if You’re Hit by a Drunk Driver
One of the first things you should do if you’re in an accident is to call the police. This can get you any medical help you need. It also brings the police to your location so they can make an official police report. If you believe that the other driver has been drinking, notify the police when calling. When they arrive, they’ll assess the decision and may require the other driver to complete a breathalyzer test.
If the other driver has been drinking, it may be worth it to reach out to a lawyer to consider your next options. The damages from a car accident can be expensive and can extend beyond that of property damages. A car accident can also lead to pain and suffering and psychological impairment. If your injuries prevent you from working, you may lose income.
Because driving while under the influence is illegal, this can be considered negligence. If another driver caused you pain and suffering, you may be able to file a lawsuit. The police will decide if they want to pursue criminal charges against the driver, which can lead to expensive fines and in some cases, jail time.
Recoverable Costs in a Drunk Driving Accident
If another driver is charged with drunk driving and they hit your vehicle, you may be able to seek compensation to cover damages. Florida allows you to recover costs like medical bills, property damages, lost wages, and pain and suffering. Additionally, most personal injury lawyers won’t charge you unless you win your case.
What to Expect When Filing a Personal Injury Lawsuit
If you do decide to file a personal injury lawsuit against a drunk driver, there are a few things that you can expect to happen. For one, you’ll be expected to provide proof. Your personal injury lawyer can help you with collecting evidence like photographs, witness statements, a copy of the police report, and repair estimates.
The courts will use this information to decide if the other party is responsible and how much they owe you. It’s also possible that your case will be settled outside of court. Many defendants and plaintiffs decide to settle outside of court because it can be a more cost-efficient solution for everyone involved. A good lawyer, however, will work with you on calculating the value of your case and only advise you to accept an amount that’s appropriate.
Contact a Weston Personal Injury Lawyer to Discuss Your Drunk Driving Accident Case in Florida
Did you or a loved one sustain serious injuries due to a drunk driving car accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White and Murphey represent clients injured because of a drunk driving accident in Weston, Fort Lauderdale, Pembroke Pines, Plantation, and throughout Florida. Call (754) 226-1474 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Blvd, Fort Lauderdale, FL 33312, as well as offices in Pembroke Pines, Weston, Coconut Creek, Plantation, and Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.