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Is a Drunk Driver Automatically Liable for My Car Accident?

Posted in Car Accidents on November 25, 2019

Drunk drivers cause thousands of car accidents in Florida every year. An intoxicated driver is committing a serious criminal offense, and there are countless ways that they can cause a devastating accident. It’s important for you to recover financial compensation after being involved in an accident with a drunk driver. However, recovering damages is not always simple, even in cases where the other driver is known to have been intoxicated. Florida law allows for multiple parties to hold responsibility for a traffic accident. Therefore, a drunk driver cannot automatically be responsible for all of your damages sustained in a car accident. Clearly demonstrating the other party’s liability is essential if you and your family are to successfully seek compensation for your injuries. Do not delay in contacting skilled legal counsel if you or a loved one have been injured by a drunk driver.

The Law Offices of David I. Fuchs has helped many accident victims throughout South Florida. Contact us to discuss your case and how we work to secure your financial damages without unnecessary delay. Call our office in Fort Lauderdale today at (954) 568-3636 or use our online form.

Florida’s Comparative Negligence Law Applies to Drunk Driving Accidents

Florida law seeks to fairly address cases where numerous parties hold responsibility for an accident. A drunk driver is not only violating the law, but they are also acting in an extremely reckless and irresponsible behavior. However, this does not mean that they will automatically bear 100% of the blame for your accident. Florida’s comparative negligence law allows for the court to consider the share of blame that each person holds for an accident. This can have a direct impact on how financial damages are paid out to the affected parties.

The drunk driver’s insurance company and lawyer might argue that your actions are partly to blame for your car accident. Therefore, they may argue that they should pay you a reduced sum of money for your injuries sustained in the accident. The law allows for your damages to be reduced by your share of the blame. For example, if you hold 20% of the blame for your accident, then a judgment for $100,000 should be reduced by $20,000. Your lawyer must understand how the state’s comparative negligence law is applied to car accidents. This will allow for your case to be strong enough to secure all of the compensation that you deserve.

A Lawyer Can Help You Recover Damages From the Negligent Party

Being hit by an intoxicated driver can be very traumatic, and it’s important to call emergency services without delay. Once you have sought any emergency medical assistance, we strongly recommend that you contact an experienced personal injury lawyer. Without proper legal help you may find it difficult to receive a fair financial settlement offer. Insurance companies will work to get the case to close quickly and work to pay out as little as possible. Don’t assume that you’ll get a reasonable insurance payout simply because the other driver was intoxicated.

Our car accident lawyers have represented many clients hurt by reckless drivers. A winning case requires demonstrating that it was the other party’s negligence that caused your harm. Showing that they were drunk is a good start, but it’s not enough. Your lawyer must demonstrate how their specific actions resulted in your injuries. This can require speaking with accident witnesses and interviewing police and first responders. Damages you can recover after a serious auto accident can help you with the following:

  • Medical bills
  • Future doctors’ visits and operations
  • Physical therapy
  • Lost wages
  • Lost future earning capacity due to your injuries
  • Treatment for Post-Traumatic Stress Disorder
  • Pain and suffering damages
  • Damaged property
  • Medication needed due to your injuries
  • Punitive damages for the other driver’s gross negligence or intentional misconduct
  • Wrongful death compensation if a loved one was killed

Call The Law Offices of David I. Fuchs Today

Do not delay in finding skilled legal help after being hit by a drunk driver. Make sure that you seek emergency medical attention for any injuries you have first and then it’s important to call your lawyer. Our office can follow up with law enforcement on your behalf while also building a strong case for your damages. We have years of experience investigating traffic accidents and negotiating with insurance companies for our clients. However, it’s important to call your lawyer as soon as possible. The court is more likely to take your injuries seriously if you don’t delay in taking legal action.

Florida’s statute of limitations for personal injury is four years. This means that your case can be dismissed if you wait too long to file a legal claim. Four years may sound like a long time to consider your options, but the other side may seek to stall until the statute of limitations nearly expires. This tactic can be used by the insurance company in order to get you to accept a small financial settlement. You cannot wait to recover damages for your injuries, pain, and suffering. Contact the Law Offices of David I. Fuchs to discuss your options with a skilled Florida accident attorney. You can call our office in Fort Lauderdale today at (954) 568-3636 or use our online form.