What do I do if I’m in a Car Accident with a Drunk Driver?

If you suffer serious injuries from drunk driving accidents in Florida, you may be entitled to receive compensation for those injuries. In most cases, the negligent party is liable for the damages. You should consult with a lawyer who deals specifically with these types of cases. It may be possible that you can sue the driver for punitive and compensatory damages.

car damage from a drunk driving accident

Whether punitive or compensatory damages are awarded will depend on many factors including, but not limited to, the extent of impairment, the gravity of the incident, any third party involvement in the accident, how much damage was sustained, and if any alcoholic beverage was consumed at the time of the accident.

It is very important that you discuss any and all concerns related to the drunk driving accident with a personal injury lawsuit attorney as soon as possible. If the person who was injured in the automobile accident has lifelong medical conditions, it may be difficult for them to pursue the lawsuit if they wait too long to file a claim. An attorney will have the experience to help them through the process. 

Is a Drunk Driving Accident a Civil or Criminal Case?

In Florida, there may be criminal charges brought against a driver who injured someone while driving under the influence. If the driver tries to plead down their criminal case, it could affect your civil case. Therefore, it is important to have your attorney connect with the criminal case’s prosecutor and stay informed of developments in the case. There is not much you can do to be involved with the criminal case, but it is still important to make your voice heard, regardless. 

Even though you will not be involved very much with the criminal case, there are still ways to pursue legal action against that person. One way to do this would be to file a claim for civil negligence. In this instance, the driver of the car who caused the accident will be sued for negligence. The claim for civil negligence would include recovering damages for medical bills, pain, and suffering, loss of income, and future earning potential. 

If you can prove to the court that the driver of the car that caused the accident knew about the dangerous road conditions or didn’t take reasonable precautions to avoid having an accident then you may be able to sue that person. It is always important to consult a legal professional about these types of cases because each case is different.

Should I Speak with the Insurance Company after a Drunk Driving Accident?

While it is extremely important that you notify the insurance company of a potential claim, you should be very cautious in signing any paperwork or discussing any type of settlement without speaking to a qualified personal injury attorney first. 

Insurance companies will try to settle a case for far less than the case is worth because it means they can save a few bucks at your expense. If the injuries sustained in the drunk driving accident were significant or fatal, you should not try to settle the case on your own. 

How Can I Gather Evidence to Help my Case?

As soon as possible, you should begin gathering evidence of the circumstances of the accident by doing the following:

  • Take pictures and videos of the scene of the accident, damage to vehicles, the surrounding environment, road signs, possible witnesses, and other things to gather as much visual evidence as possible.
  • Get written or video statements from witnesses.
  • Document all injuries and keep track of medical diagnoses, treatments, bills, and other documentation.
  • Get an accident report from the police and your insurance company. 

The more evidence you can gather, the better. All of this will be necessary to establish liability in the case. If you’re missing critical information, it could hurt your case and maybe even cause you to lose.

Should I Hire a Drunk Driving Accident Attorney in Florida?

When drunk drivers injure others it can have a devastating effect on their lives. Many times the people they have hit become addicted to alcohol and some even lose their ability to work or even drive due to the severity of their injuries. For this reason, it is important for people who have been involved in one of these crashes to consult with a qualified drunk driving accident attorney to discuss their case. They will be able to determine if they have a strong case and what exactly it will take to win it. 

You may also want to consult a lawyer before you sign any documents or agree to any settlement since you never know what you may lose. We encourage you to reach out to the drunk driving accident attorneys at Hoskins, Turco, Lloyd & Lloyd today to discuss your case right over the phone or video conference. Call us at (866) 460-1990 or contact us online today. Consultations are free and always confidential and you can speak with an expert drunk driving accident attorney from the comfort of your own home. 


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