Fort Lauderdale Drunk Driving Accident Lawyer
Thousands of lives are lost every year due to drunk driving. Even more people are injured when they are involved in a crash caused by a drunk driver. While federal, state, and local law enforcement have increased awareness over the years regarding the dangers of drunk driving, too many motorists still engage in the conduct. Although drunk drivers can be criminally prosecuted for their recklessness, this will not compensate you if you have been injured.
Instead, you will need to file a personal injury claim to recover damages for your medical expenses, lost income, and more. You can file this claim with your own insurance company or the insurance company representing the drunk driver. Below, our Fort Lauderdale drunk driving accident lawyer explains in further detail.
PIP Benefits After a Drunk Driving Accident
Auto insurance in Florida is no-fault, meaning that you must file a claim with your own car insurance company first after a drunk driving accident. All drivers in the state must purchase a minimum of $10,000 in personal injury protection (PIP) benefits. PIP benefits will provide coverage for all of your reasonable medical expenses as a percentage of your lost income. However, PIP benefits do not provide coverage for non-economic losses, such as your pain and suffering.
Although PIP coverage is limited, it also allows you to receive compensation more quickly than filing a personal injury claim. Fault is not a factor and so, the insurer does not need to spend time investigating the matter. If the amount of your losses is greater than the PIP benefits you receive, you can file a claim with the drunk driver’s insurance company.
Negligence Per Se in Drunk Driving Accident Cases
In most personal injury cases, you must prove someone else was negligent and failed to act in a manner that kept others safe. If you can prove the driver who hit you was drunk, you do not have to prove this element of your case. Anyone who violates traffic law is known as negligent per se, which means they are presumed to be at fault because they did not comply with the laws that keep people safe.
You do, however, have to prove the other driver was drunk at the time of the crash. A lawyer can prove this by collecting the driver’s BAC test results, field sobriety test results, and the accident report. If law enforcement indicated in the report that the other driver was drunk, this can help prove your case. Additionally, if the drunk driver is convicted, you can also use the guilty verdict to prove they were impaired when they caused your injuries.
Our Drunk Driving Accident Lawyer in Fort Lauderdale Can Advise On Your Case
If you were injured and the driver who hit you was intoxicated, our Fort Lauderdale drunk driving accident lawyer can advise on your case, determine which insurer to file your claim with, and help you obtain the full settlement you deserve. Call us now at 305-423-3800 or chat with us online to schedule a consultation and to learn more about how we can help.