Drunk Driving Injury Accidents In Florida
There are strict laws against drunk driving due to how dangerous drunk driving accidents can be. Countless serious injuries and deaths have been caused as a result of drunk driving accidents. Unfortunately, despite the legal consequences, drunk driving is still one of the leading causes of car accidents in Florida. If you or a loved one was involved in a drunk driving accident in Stuart, FL, you’ll want to make sure that you speak to a reputable DUI attorney as soon as possible to ensure that your rights are protected and that you obtain the compensation you deserve.
Compensation From Drunk Driving Accidents Injuries
Florida law prohibits people from driving when under the influence of chemical substances or controlled substances. If the driver has a blood alcohol level of 0.08 percent or above, then they may be found guilty of driving under the influence. The consequences for being found guilty of a DUI vary based on many factors, including whether there was an accident as a result of the driver being under the influence, how severe the accident was, whether the driver had any priors, and more. The court will often require a form of restitution as part of the driver’s punishment if any property was damaged or a person (or persons) was injured in the accident. However, the majority of the compensation that you can obtain from the responsible party is typically obtained through a negligence lawsuit in civil court. A negligence lawsuit generally has four basic requirements, which include the following:
- Duty – The defendant owes the plaintiff a legal duty of care by following the rules of the road.
- Breach of duty – By being at fault for the accident and through proof that they were under the influence (such as their BAC tests), the defendant can be shown to have breached their duty of care.
- Causation – Causation refers to the fact that the plaintiff would not have been injured (or killed) if it weren’t for the defendant’s breach of duty.
- Damages – Damages refer to the compensation owed, including economic and non-economic costs and losses. For example, lost income, property damage, medical bills, future treatment costs, and pain and suffering.
In some cases, you may be entitled to make additional claims in addition to the compensation you’re seeking through a negligence lawsuit. For example, if the defendant had a very high BAC level and caused someone’s death, punitive damages can be sought. It is worth noting that all personal injury lawsuits (including those filed in relation to a drunk driving accident), have a statute of limitations. This means that you only have a certain amount of time following the date of the accident to file a lawsuit.
Speak With a DUI Attorney in Stuart, FL, Today
If you or a loved one has suffered an injury or worse as a result of a drunk driving accident in Stuart, FL, then you’ll want to make sure that you speak with a reputable personal injury attorney as soon as you can. For a free consultation, contact us at the law office of Gloria Seidule today.