Understanding Auto Accident Claims in Florida When the Other Party Was Intoxicated
Drunk driving remains a significant issue on Florida’s roads, often resulting in tragic accidents and severe injuries. In 2018 alone, more than 800 fatalities occurred due to impaired driving, underscoring the dangers posed by intoxicated drivers. When an auto accident involves a drunk driver, victims are left facing not only the physical and emotional toll of the crash but also the complexities of pursuing a legal claim for compensation.
If you’ve been hit by a drunk driver in Florida, understanding your rights and knowing what legal steps to take can make a significant difference in securing the compensation you deserve. The Law Offices of Anidjar & Levine are here to help you navigate the legal process, providing expert guidance and relentless advocacy. This article will explore your rights after a drunk driving accident, the legal procedures involved, and how experienced attorneys can assist you in your pursuit of justice.
How Common Are Drunk Driving Accidents in Florida?
Drunk driving remains a pervasive problem across Florida. Statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that the number of fatalities from alcohol-impaired crashes has fluctuated over the years, with highs reaching over 900 deaths in 2016. Certain areas, such as Tampa, have consistently reported high numbers of such incidents, making it one of the more dangerous regions for impaired driving in the state.
The legal limit for blood alcohol concentration (BAC) in Florida is 0.08%. However, any amount of alcohol in a driver’s system can impair their ability to operate a vehicle safely. This increased risk translates into a higher likelihood of accidents that cause injuries or fatalities. Victims of such crashes have the right to pursue legal action against the at-fault party to seek compensation for their damages.
What Are My Rights If I Get Hit by a Drunk Driver in Florida?
If you are involved in a car accident caused by a drunk driver, Florida law grants you the right to seek compensation for your injuries and losses. You can file a claim against the at-fault driver’s insurance, and in some cases, pursue additional legal actions such as a “dram shop” claim. Understanding these rights is crucial for ensuring you receive the full compensation you are entitled to.
- Suing the At-Fault Driver
The intoxicated driver who caused the accident is usually the primary party held liable. You may file a lawsuit against the driver for negligence, aiming to recover damages for medical expenses, property damage, lost wages, and pain and suffering. - Filing Against the Driver’s Insurance Company
Florida requires all drivers to carry liability insurance, which can be used to cover the costs of injuries and damages sustained in an accident. However, insurance companies may attempt to minimize payouts or dispute liability, making legal representation essential in pursuing fair compensation. - Pursuing a Dram Shop Claim
In certain situations, Florida law allows for dram shop claims. These claims target establishments, such as bars or liquor stores, that served alcohol to a visibly intoxicated person who then caused the accident. Successfully pursuing a dram shop claim can provide additional compensation, especially when the drunk driver lacks sufficient insurance coverage.
Steps to Take After an Auto Accident with a Drunk Driver
The actions you take immediately following the accident can greatly impact your ability to secure compensation. Here’s what to do:
- Seek Medical Attention
Even if you don’t feel injured, it’s crucial to see a medical professional after the accident. Some injuries may not present symptoms right away, and a medical report will be important evidence in your case. - Contact the Police
Report the accident to the police and make sure a formal report is filed. The police report will be a critical piece of evidence when pursuing a legal claim, especially if it indicates that the other driver was intoxicated. - Gather Evidence
Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. If there were witnesses, collect their contact information as their testimony could support your case. - Consult with an Experienced Attorney
An attorney can help you navigate the complexities of your case, including dealing with insurance companies and pursuing legal claims. The Law Offices of Anidjar & Levine provide free consultations and work diligently to secure the best outcome for clients.
The Role of Anidjar & Levine in Drunk Driving Accident Claims
The Law Offices of Anidjar & Levine are committed to providing compassionate and dedicated legal representation to victims of drunk driving accidents. Their experienced attorneys understand the profound impact such incidents can have on victims and their families, and they work tirelessly to ensure that clients receive the justice they deserve.
- Comprehensive Legal Representation
Anidjar & Levine offer thorough case evaluations to identify all potential avenues for compensation, including insurance claims and dram shop liability. Their legal team conducts independent investigations to strengthen your case and gather crucial evidence, ensuring every aspect is meticulously addressed. - Guiding You Through the Legal Process
Navigating the legal landscape can be overwhelming, especially when recovering from an accident. The attorneys at Anidjar & Levine provide personalized guidance throughout the legal process, from negotiating with insurance companies to representing clients in court if necessary. Their goal is to alleviate the burden on clients, allowing them to focus on healing. - Pursuing Maximum Compensation
The firm is dedicated to securing full and fair compensation for clients, covering medical expenses, lost wages, property damage, and pain and suffering. In cases of severe injuries or wrongful death, Anidjar & Levine pursue long-term financial compensation to address the ongoing impact on the victim’s life.
Understanding Florida’s Statute of Limitations for Drunk Driving Accidents
Florida’s statute of limitations is a critical factor to consider when filing an auto accident claim. For personal injury claims resulting from a car accident, victims generally have two years from the date of the accident to file a lawsuit. In cases of wrongful death, the statute of limitations is also two years from the date of the individual’s passing.
Failing to file within this time frame may result in losing your right to seek compensation. Consulting with a lawyer promptly ensures that you do not miss important deadlines and that your case is handled efficiently.
Common Damages Recoverable in Drunk Driving Accident Claims
The types of compensation you can pursue following a drunk driving accident include:
- Medical Expenses: Coverage for hospital bills, rehabilitation costs, and future medical treatment related to the accident.
- Lost Wages: Compensation for income lost due to your inability to work during recovery.
- Property Damage: Costs to repair or replace your vehicle and other damaged belongings.
- Pain and Suffering: Compensation for physical pain, emotional trauma, and loss of enjoyment of life.
- Punitive Damages: In cases where the drunk driver’s behavior was particularly egregious, the court may award punitive damages to punish the offender.
Seek Expert Legal Guidance from Anidjar & Levine
If you or a loved one has been injured in a drunk driving accident in Florida, don’t navigate the legal process alone. The Law Offices of Anidjar & Levine are here to help you seek the justice and compensation you deserve. Their experienced attorneys will fight vigorously to hold the responsible parties accountable and ensure you receive fair compensation for your losses.
Contact Anidjar & Levine today for a free consultation to discuss your case. Let their legal team provide the support and guidance you need during this challenging time.
Contact Information:The Law Offices of Anidjar & Levine
300 SE 17th St, Fort Lauderdale, FL 33316
Phone: 954-525-0050
With Anidjar & Levine by your side, you can focus on your recovery while they handle the legal battle. Reach out today and take the first step toward securing your future.
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