Almost 30% of all fatal car accidents in Florida are the result of drunk driving. Given that high percentage, it’s safe to say there are a lot of questions about what to do in the event of an accident involving a drunk driver. This is especially true if you’re the victim of said accident.
But before you jump to conclusions and take legal action, make sure you have all of the answers you need. Here, we’ll answer three such questions that you might be asking yourself.
Can I sue a drunk driver in Florida?
The short answer is yes. However, before you can proceed with your case, it’s important that you have a few key elements down. First, it’s incredibly important to work with a car accident or motorcycle accident lawyer, depending on your situation. In addition, you must have information regarding the following:
- If intoxication was truly responsible for the accident
- Proving the accident was not your fault
- Proving negligence by the other driver
- If no-fault laws affect your case
- The severity of your injuries
You may not be able to access this information on your own, which means consulting an experienced auto accident lawyer is that much more important. Until you can prove negligence on the other driver’s part, as well as injury and personal suffering on yours, you may not have a strong enough case to bring to court.
Can I sue a bar or restaurant for serving the other driver too much alcohol?
Dram shop laws enforce the legal responsibilities of an institution that served alcohol to an individual who caused an accident as a result of their intoxication. Unfortunately, Florida dram shop law is quite limited. This means that in the state of Florida, people or establishments that serve alcohol are not held liable for their patrons’ actions.
What benefits can I qualify for after being injured in a drunk driving car accident?
There are a number of requirements your case must meet before you can qualify for benefits. For example, in Florida, you must have reported the crime within 72 hours of its occurrence. Considering that almost 88,000 people were injured in motorcycle accidents in 2015, these claims are not uncommon. But if you do meet the criteria, the benefits you may qualify for include:
- Wage loss
- Treatment expenses
- Mental health counseling
- Property loss/damage reimbursement
Being involved in a drunk driving car accident can affect you for the rest of your life. Shouldn’t you be able to seek compensation for the damage that’s been done? If you’re in need of legal counsel after a serious accident, contact Herron Law today.