When someone is operating a motor vehicle on Florida’s roads while violating the state’s driving under the influence laws, this driver places himself or herself in greater danger of causing a significant accident. In this type of crash, injuries are possible for the drunken driver and victims in other vehicles.
If you believe the driver who hit you was driving under the influence of alcohol or drugs, and the use of these substances played a role in causing the accident, leading to your injuries, you have the right to seek compensation for your medical bills, suffering, and reduced quality of life.
You may want to hire a Clearwater drunk driving accident lawyer to protect your interests against the insurance company representing the other driver. The team of experienced auto collision attorneys at Distasio Law Firm will present facts that show why you deserve a favorable judgment. Contact us today for a free case review.
Proving Negligence
When attempting to win a settlement in a personal injury lawsuit after a car accident, you need to show that the other driver behaved in a manner that was reckless or negligent. You then must show that this behavior contributed directly to the crash, leading to your injuries.
In some types of injury crashes, it is difficult to prove this. Suppose you believe the other driver was speeding, for example. Still, police officers investigating the case cannot conclusively determine that negligent speeding occurred just before the crash. In that case, it can be a challenge for you and your Clearwater intoxicated driver accident attorney to use this information.
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Driving After Drinking
In a situation where a driver was drinking, however, the process of proving negligence can be less challenging. It is possible that, while investigating the crash, police officers will charge the other driver with drunk driving. The officers will have a large set of tests, including field sobriety tests and blood tests. These tests could provide evidence of drunken driving and help you win your case.
It is possible that the other driver did not drink enough alcohol to warrant a drunken driving charge from the police. However, if you and your proactive lawyer in Clearwater can show that the driver did have a couple of drinks before getting behind the wheel, you may be able to show that even a small amount of alcohol caused the other driver to make an error while driving, which is a sign of negligence.
Finding Representation
When hiring the Distasio Law Firm to represent you in a personal injury case, trust that we will work tirelessly on your behalf to seek the fairest possible settlement. We are ready to negotiate with the insurance company on your behalf, seeking the compensation you deserve.
We will study the facts in the case, presenting the information at trial, if necessary. You did not do anything wrong, and you should not have to bear the brunt of the financial burdens the accident has created for you. Call us today for a free review of your case.
Florida Statute §95.11 allows the victim up to two years in an injury case and 2 years in a death case to begin the process of filing a personal injury claim. You do not have to settle within two years, but you must start the process. Your diligent Clearwater drunk driving accident attorney can help your case stay on track.
Items Eligible for a Settlement
When another driver hits you and causes injuries in a drunk driving wreck in Clearwater, your lawyer can seek compensation for a number of items, including:
- Medical bills: Any costs you have from a hospital stay, a doctor’s care, physical therapy rehabilitation, prescription drugs, or surgery should be recoverable in the lawsuit.
- Estimated future costs: You can also recover an amount that is an estimation of the medical care costs you will face going forward as a result of your lingering injuries.
- Lost wages: You can recover an amount of money that reflects wages you were unable to earn while you recovered from your injuries.
- Future lost wages: If you are unable to work at the same capacity or in the same job that you did before the accident, you can recover an estimation of the wages you will lose.
- Emotional trauma: You can receive a financial judgment based on any mental anguish or emotional trauma you are experiencing as a result of the crash.
Other items can be part of your settlement too. Your dedicated Clearwater attorney can help you determine a fair amount to request.
Watching for Hit and Run Drunk Drivers
When someone causes a car accident after drinking, he or she may be tempted to flee the scene of the crash. An intoxicated driver knows that he or she is facing serious criminal charges after causing a crash with injuries, so fleeing the scene may seem like a worthwhile risk to take.
Hopefully, you could note the type of damage the other driver has on his or her car. You can give this information to the police officers to help them find the other driver.
A Clearwater Drunk Driving Accident Attorney Can Seek Recovery for Your Injuries
When a driver is caught after taking drugs or drinking alcohol, the police may arrest and charge the driver if he or she has exceeded the state laws regarding the allowable blood alcohol content (BAC), according to Florida Highway Safety and Motor Vehicles (FLHSMV).
However, if that driver struck and injured you, any personal injury lawsuit you bring against the driver and his or her insurance company would be completely separate from any criminal charges. You could use the fact that the other driver received a charge to show negligence on the part of the driver, strengthening your case.
A Clearwater drunk driving accident lawyer understands how to use the evidence from the accident scene to show that you suffered injuries because of the other driver’s negligence, meaning you deserve a fair judgment. Contact Distasio Law Firm as soon as possible for a free consultation.
