When you’re involved in an accident in Broward County, the last thing you expect when you try to exchange insurance information with the other driver is for them to be visibly intoxicated. Unfortunately, these accidents are incredibly common in the Miami metropolitan area and across Florida, so understanding how to proceed if you’ve been struck by a drunk driver is critical. The following blog explores what you should know about these difficult matters and why working with a Broward County auto accident attorney is in your best interest to fight for the compensation you deserve.
How Do You Recover Compensation After a Florida Drunk Driving Accident?
Recovering compensation after a drunk driving accident in Florida involves documenting the crash, proving intoxication and subsequent negligence, and filing a claim against the driver for damages. Because this act is considered negligence per se, victims may have a stronger legal claim when seeking compensation
Compensation Process
- Report the accident and ensure suspected intoxication is documented by the police
- Seek immediate medical attention and keep all treatment records
- Gather evidence, including photos, witness statements, and police reports
- Prove the driver violated DUI laws and ultimately caused your injuries
- File a claim to recover compensation for damages
What Should I Do After an Accident With a Drunk Driver?
If you are involved in an accident with a driver whom you believe to be under the influence, understanding how to proceed is critical. These accidents can be catastrophic, so protecting yourself is vital. You should immediately contact the police to report the accident and request medical attention, even if you feel okay after the collision. When on the phone with the police, you should inform them of your suspicions regarding the other driver’s intoxication. This helps ensure they can adequately assess this matter when they arrive on the scene.
Steps to Take After a Drunk Driving Accident
- Call 911 to request police and medical assistance at the scene
- Inform the dispatcher that you have reason to believe the driver is intoxicated
- Seek immediate medical care, even if injuries seem minor or you feel fine
- Stay at the scene and do not confront the driver
- Follow all instructions from law enforcement
How to Gather Evidence at the Scene
- Take photos and videos of the scene
- The damage to all vehicles
- Your visible injuries
- Road conditions and the positioning of each car
- Collect information
- Gather the contact information of witnesses
- Obtain the other driver’s contact and insurance details
- Note signs of intoxication
- Slurred speech
- Glassy or bloodshot eyes
- Erratic behavior
- Smell of alcohol
Why Drunk Driving Accidents are So Dangerous in Florida
Unfortunately, drunk driving accidents are incredibly dangerous, as drivers have reduced reaction times, poor judgment, and decreased coordination. As such, these can significantly increase the likelihood of a serious, if not fatal, collision, especially during high-risk periods, like the holidays or late nights.
Key Facts About Drunk Driving Cases
- Around 32% of fatal accidents involve alcohol
- Holiday periods, like New Year’s, Memorial Day, and the Fourth of July, see higher crash rates
- Alcohol impairment increases risky behavior and slowed reaction times, which can result in serious collisions
How Can I Fight For Compensation?
Proving liability after an accident can be incredibly challenging. Aside from gathering evidence, one of the most important things you can do following a collision is to connect with an experienced attorney. Your lawyer can help organize your case to fight to show that the other driver should be held liable for the damages they inflicted.
Understanding Negligence Per Se in Florida
- Drunk driving is a violation of Florida Law
- This act automatically results in a presumption of negligence
- You must show:
- The driver violated DUI laws
- The violation led to your injuries
- This makes pursuing liability earlier than standard accident cases
Potential Recoverable Compensation
- Medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Long-term disability
- Loss of enjoyment of life
- Permanent scarring and disfigurement
Contact a Broward County Personal Injury Attorney Today
Being involved in an accident with a drunk driver can be incredibly devastating, as you may sustain a number of life-altering injuries. If you’ve been injured, connecting with an experienced personal injury attorney as soon as possible is in your best interest. At the Finizio Law Group, we understand how difficult these matters can be to navigate, especially when trying to heal from the injuries you’ve endured. That’s why our legal team is dedicated to fighting for the justice you deserve. Contact us today to learn how we can assist you today.
