Drunk driving accidents often result in severe injuries, leaving victims dealing with physical pain, emotional trauma, and mounting medical bills. If you were involved in such an accident in Boca Raton, Florida, you may be wondering if you have the right to sue the drunk driver.
Florida law does allow accident victims to sue the other driver under specific circumstances. In this blog post, we’ll explore what options are available to you and how an experienced Boca Raton car accident lawyer can help fight for your rights.
Drunk Driving Accidents Often Result in Severe Injuries
Drunk driving accidents often cause severe injuries for the innocent victims involved. When a driver chooses to get behind the wheel while intoxicated, their impairment can lead to reckless and dangerous behavior on the road. This puts not only themselves but also everyone else around them at risk.
The impact of a drunk driving accident can be life-altering. Victims may suffer from broken bones, traumatic brain injuries, spinal cord damage, or internal organ injuries. These types of injuries require extensive medical treatment and rehabilitation, causing physical pain and emotional distress.
In some cases, victims may even face long-term disabilities that significantly affect their quality of life. The financial burden can become overwhelming as medical expenses continue to pile up alongside lost wages due to the inability to work during recovery.
Florida Law Allows Accident Victims to Sue the Other Driver in Specific Cases
Under Florida law, accident victims can file a personal injury lawsuit against the at-fault driver, if they suffered severe injuries, such as:
- Significant and permanent loss of an important body function
- Disfigurement and severe scarring
- Permanent injury.
If you have been involved in an accident caused by a drunk driver in Boca Raton, it is crucial to consult with an experienced car accident attorney who specializes in handling these types of cases. They will guide you through the legal process and fight tirelessly on your behalf so that you can focus on recovering physically and emotionally from this traumatic experience.
Your Lawyer Will Have to Prove the Drunk Driver’s Fault
When it comes to suing a drunk driver who has caused an accident, one crucial aspect is proving that the driver was at fault. This responsibility falls on your lawyer’s shoulders, as they gather evidence and build a strong case on your behalf.
To establish fault, your lawyer will need to demonstrate that the drunk driver breached their duty of care by getting behind the wheel while intoxicated. They will collect evidence such as police reports, witness statements, video footage (if available), and any other relevant documentation to strengthen your claim.
Additionally, your lawyer will examine factors like blood alcohol concentration (BAC) levels at the time of the accident. In Florida, a BAC level above 0.08% is considered illegal for adult drivers operating regular vehicles. If the drunk driver exceeded this limit or was under the influence of drugs while driving, it can greatly support your case.
Proving fault also involves showing that the drunk driver’s actions directly caused or contributed to the accident and the resulting injuries you sustained. Your lawyer may consult with expert witnesses such as accident reconstruction specialists to help establish causation.
You May Seek Punitive Damages in a Drunk Driving Lawsuit
In cases involving drunk driving accidents, victims may be able to seek punitive damages. Punitive damages are different from compensatory damages, which are intended to compensate the victim for their injuries and losses. Instead, punitive damages are meant to punish the at-fault party for their reckless behavior.
In a drunk driving lawsuit, seeking punitive damages requires proving that the driver’s actions were not only negligent but also exhibited a conscious disregard for the safety of others. This means showing that the driver knowingly got behind the wheel while intoxicated and understood the potential harm they could cause.
Your Lawyer May Still Settle Your Case Before It Gets to Court
When you file a lawsuit against a drunk driver who hit you in Boca Raton, it’s important to understand that your case may not necessarily go to court. In fact, many personal injury cases are settled before they ever reach the courtroom.
Settling a case can have several benefits for both parties involved. For one, it saves time and money. Going through the entire litigation process can be lengthy and expensive, with no guarantee of success. By settling out of court, you avoid these costs and uncertainties.
Additionally, settling allows both parties to have more control over the outcome of the case. Instead of leaving the decision in the hands of a judge or jury, you and your lawyer can negotiate with the other party’s insurance company to reach an agreement that is satisfactory for all parties involved.
Hit by a Drunk Driver? Contact an Experienced Boca Raton Car Accident Attorney!
If you have been involved in a car accident caused by a drunk driver, it is important to understand that you have legal options available to pursue compensation for your injuries and damages.
An experienced Boca Raton car accident lawyer will negotiate on your behalf with insurance companies or opposing counsel to secure fair compensation for your pain and suffering.
Remember that time is of the essence when filing personal injury claims in Florida due to statutes of limitations. So don’t hesitate – if you’ve been hit by a drunk driver, contact an experienced Boca Raton car accident attorney today.
Call (786) 686-2857 to schedule your free case review with us!