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Is a Drunk Driver Automatically Liable for a Car Accident in Florida?

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 David I. Fuchs, Injury & Accident Lawyer, P.A. has helped many accident victims throughout South Florida. Contact an experienced Plantation, FL car accident lawyer to discuss your case and how we work to secure your financial damages without unnecessary delay. Call our office in Fort Lauderdale today by using 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 David I. Fuchs, Injury & Accident Lawyer, P.A. 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 David I. Fuchs, Injury & Accident Lawyer, P.A. to discuss your options with a skilled Florida accident attorney. You can contact our office in Fort Lauderdale today by using our online form.

David I. Fuchs is a personal injury attorney in Fort Lauderdale and the founder of David I. Fuchs, Injury & Accident Lawyer, P.A. David has an extensive background representing plaintiffs in personal injury cases and has been practicing law for over three decades.

David I Fuchs

Attorney at Law, David I Fuchs, Injury & Accident Lawyer, P.A.

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Client Testimonials

Saarina Polanco
Saarina Polanco
Yo recomiendo éste avoga son muy bueno cien por ciento 👍👍👍💯💯💯
Fabio Varens
Fabio Varens
David I. Fuchs comes highly recommended for anyone in need of a top-notch accident attorney in Fort Lauderdale. With over three decades of experience, his firm is known for its client-focused approach, maintaining strong communication and offering personalized legal strategies. They are particularly adept at negotiating with large insurance companies and handling complex courtroom cases. A great choice for effective and compassionate legal representation.
Ethan Cohen
Ethan Cohen
Great accident lawyer. Gave us invaluable advice when an air conditioning truck hit my car
Israel Andrade
Israel Andrade
I cannot speak highly enough of Dr. David I. Fuchs, the injury law expert in Fort Lauderdale. When I urgently needed legal guidance, he was on the spot, providing precise and honest information. David's quick responsiveness, combined with his accuracy and transparency, made a significant impact during a challenging time I was facing due to a total loss in a car accident. I greatly appreciate his professionalism and recommend his services to anyone seeking a trustworthy and reliable injury law attorney in South Florida.
Darcy Israel
Darcy Israel
They did a great job with keeping me updated with my case. I would refer them to anybody in the future.
Matthew S.
Matthew S.
I just want to say thank you to Mr. Fuchs he personally took a call on Saturday and due to the nature of circumstances he was not able to take the case but he provided me with the proper means to go about the case and offered any advice that he can give along the way for my situation. Thank you for listening and your support.
tom neenan
tom neenan
Mr. Fuchs handled my case fast and always got back to me to explain all details. I recommend his friendly demeanor and kindness. I felt like family. Thank you very much for the service and wonderful settlement.
Wendy Janet Mendez
Wendy Janet Mendez
I recommend The Law Offices of David Fuchs. They are very professional and care about their clients. I got into a car accident and the whole process was really smooth.
Lynne N.
Lynne N.
David Fuchs and his staff were consummate professionals when I needed a law office to represent my injury case. They communicated the process in detail and kept me apprised of the progress as necessary. It was a relief to be able to rely on them during a stressful time. It was nice to have the personalized attention of a smaller law firm as my champion.
When you’re involved in an accident and have injuries you need an attorney who is experienced AND who will give you the personal attention you need. You want someone who the insurance companies know won’t just accept any offer to make a commission. That's what separates Mr. Fuchs from the rest, especially the large law firms. He knows the law and he will fight for you like you are a member of his family. I highly recommend him to anyone who has been in an accident and needs aggressive representation for their injuries and other financial losses that happen as a result!

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