Drunk Driving Car Accident Lawyer In Miami, FL
Driving when under the influence of alcohol is illegal in the United States. Thus, an accident that’s caused as a result of drunk driving is one that could have been avoided. According to the CDC (Center for Disease Control and Prevention), out of every three traffic deaths that occur in the U.S., one involves an intoxicated driver.
An average of 29 people die daily in the U.S. in car accidents that involve a drunk driver. That means one person dies – rather, is killed – in a drinking and driving accident every 50 minutes. Data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) indicates that 5,125 crashes occurred in 2017, resulting in 350 drunk driving-related fatalities.
Our drunk driving car accident lawyers in Miami fight for the rights of those victims whose lives have been shattered as a result of the reckless and criminal disregard of other people’s lives and safety by negligent drinking and driving. Our legal team is dedicated to holding the at-fault party liable for all the injuries, property damage, pain and suffering, and related costs that result from their actions. If you or a family member has been a victim of a drunk driving accident, contact us to help file a claim.
Florida’s Law of Drunk Driving Car Accidents
Drunk driving that leads to serious bodily injuries is considered a third-degree felony under Florida law. If the at-fault party is found guilty, he/she can spend up to five years in prison. A blood alcohol level higher than .08% is above the legal limit. However, authorities can determine that an individual was driving under the influence even when tests fail to show results that are above the threshold.
Drunk drivers that cause injuries or death may be subjected to civil liability. Moreover, intoxicated drivers that cause accidents and severe injuries such as closed head or traumatic brain injury can be subjected to additional civil liability under Florida Statutes 768.762.
Cases related to drunk driving can be filed to claim compensation for damages caused. According to Florida Statute 775.089, a criminal court judge can impose restitution if there’s proof of drunk driving. This will be payable to the accident victim, but keep the following in mind:
Criminal courts won’t analyze your damages in detail the way your drunk driving car accident lawyer will in civil proceedings. Insurance companies aren’t party to this order as it only concerns the convicted person. Thus, it is important that drunk driving accident victims consult an experienced Miami car accident lawyer to weigh their legal options. Injuries related to drunk driving are diverse and can leave families and individuals negatively impacted both emotionally as well as financially.
What Are the Damages for Drunk Driving Car Accidents?
Damages for drunk driving accident cases under Florida law include:
- Punitive damage
- Lost wages
- Suffering and pain
- Medical bills
- Loss of consortium
- Mental anguish
Drunk Driving Injuries
Drunk driving injuries vary and include the following:
- Wrongful death
- Fractures/broken bones
- Brain injury
- Psychological trauma
What Legal Assistance Exists for Drunk Driving Accident Victims?
No one that would want to suffer in a fatal crash with an intoxicated driver. When it happens, victims are usually left wondering what to do next. We represent victims in such cases and aim to help them ascertain the following:
- Whether law enforcement conducted a roadside test to prove if the driver was intoxicated
- Whether the police ordered a breath analyzer test
- Whether the driver was arrested for driving while drunk
- Whether the drunk driver was uninsured or unlicensed and if the victim can be compensated for injuries
- Whether the driver can pay the victim’s damages after charged with driving under the influence
- Whether the victim can speak with the at-fault party lawyer or insurer about settlement terms
Our drunk driving accident attorneys will discuss your rights and legal options with you and help you get the financial compensation you’re seeking for losses incurred.
Who Else Can You Sue?
The blame for drunk driving accidents is usually placed on the drunk driver that caused the accident. However, there could be other parties involved. You can also sue some of the following negligent parties:
- Bartenders and alcoholic beverage servers
- Restaurant and bar owners
- Managers of premises serving alcohol
- Security staff in clubs and bars
- Night clubs
The above parties can be held liable for over-serving the driver and causing him or her to become drunk. A Miami drunk driving accident lawyer will analyze your claim and file a lawsuit against the person, persons, or organization that is liable.
Start Today with a Free Drunk Driving Consultation
Our lawyers will help you file a lawsuit against the responsible party/parties to ensure you’re compensated fully. Call us at 305-928-2909 to discuss the details of your case and one of our drunk driving legal experts will handle your case for you on a no-obligation contingency basis. Call now.