Being injured by a drunk driver is a devastating experience that can leave lasting physical, emotional, and financial scars. Florida, a state with high rates of drunk driving incidents, reported over 800 fatalities in 2022 alone involving alcohol-impaired drivers, according to the National Highway Traffic Safety Administration (NHTSA). Victims of these accidents often face significant challenges as they navigate recovery and seek justice. If you or a loved one was injured by a drunk driver in Florida, here’s a detailed step-by-step guide to help you protect your rights and pursue compensation.

1. Ensure Safety and Seek Medical Attention

Your safety and health should be the top priority immediately following the accident. Move to a safe location if possible and call 911 to report the accident. Even if your injuries seem not too serious, seek medical attention as soon as possible. Some injuries, like whiplash or internal trauma, may not show symptoms immediately but can worsen over time.

Under Florida law, Personal Injury Protection (PIP) coverage requires you to get medical treatment within 14 days of the accident in order to be eligible for benefits. Visiting a doctor not only ensures your well-being but also provides documentation that will be critical if you file a claim later.

2. Contact Law Enforcement

It’s essential to involve law enforcement, especially in cases involving suspected drunk drivers. Police will document the incident and perform sobriety tests on the driver. This documentation can serve as pivotal evidence in both criminal and civil cases. Request a copy of the police report for your records—it will include crucial details such as witness statements, the results of breathalyzer tests, and any citations issued to the drunk driver.

3. Collect Evidence at the Scene

If you are able, gather evidence at the scene of the accident. Take photographs of the vehicles involved, road conditions, skid marks, and visible injuries. Exchange contact information with witnesses, as their testimony can strengthen your case.

In Florida, which follows a Modified Comparative Negligence system, the evidence you collect can help minimize any potential claims that you were partially at fault for the accident. The more evidence you have, the stronger your case will be when negotiating with insurers or presenting it in court.

4. Notify Your Insurance Company

Florida requires all drivers to carry a minimum of $10,000 in PIP coverage, which provides compensation for medical costs and lost income, regardless of fault. Advise your insurance company promptly about the accident and provide them with any requested information. However, be cautious about discussing details with the other driver’s insurance company without legal guidance.

Insurance adjusters may attempt to minimize your payout or pressure you into accepting a low settlement. Meeting with a personal injury attorney before agreeing to any offers.

5. Understand Florida’s Dram Shop Laws

Florida has specific Dram Shop Laws (Florida Statutes § 768.125) that may hold third parties accountable in drunk driving accidents. For example, if the driver was served alcohol at a bar or restaurant while visibly intoxicated or if the driver was underage and illegally provided alcohol, the establishment may be partially liable for your injuries.

An experienced attorney can investigate whether a third party contributed to the accident and include them in your claim. This additional avenue for compensation can be significant, especially if the drunk driver’s insurance is insufficient to cover your damages.

6. Consult a Personal Injury Attorney

Navigating the legal complexities of a drunk driving accident claim can be overwhelming. A personal injury lawyer experienced in Florida law is going to help you:

• Evaluate your case: A lawyer will assess the value of your claim, including medical expenses, lost wages, pain and suffering, and property damage.
• Negotiate with insurance companies: They can handle communications and negotiations to make sure you get a fair compensation.
• File a lawsuit: If a settlement is not able to be reached, your attorney will file a lawsuit against the drunk driver or any liable third parties.

Remember, Florida’s statute of limitations for personal injury claims is usually two years from the date of the accident. However, acting promptly increases your chances of success.

7. Track Expenses and Losses

Keep a records of all expenses related to the accident, including:

• Medical bills (emergency care, therapy, medication, etc.)
• Repair or replacement costs for your vehicle
• Lost wages or reduced earning capacity
• Non-economic damages like emotional distress or loss of quality of life

Documenting these expenses thoroughly will strengthen your claim and provide a clear picture of the financial impact of the accident.

8. Explore Victim Compensation Programs

If the drunk driver lacks sufficient insurance or assets, consider applying for assistance through Florida’s Victim Compensation Program. This program helps cover medical costs, counseling, and other expenses for victims of violent crimes, including DUI-related accidents.

9. Pursue Punitive Damages

In some cases, you may be eligible to pursue punitive damages, that are awarded in addition to compensatory damages. Florida courts allow punitive damages in cases where the defendant’s behavior was grossly negligent or willfully reckless, such as driving under the influence. These damages aim to punish the offender and deter similar behavior.

10. Prioritize Your Recovery

While pursuing justice is essential, don’t lose sight of your physical and emotional well-being. Engage in therapy or support groups if needed, and focus on your recovery. Financial compensation will help alleviate some of the burdens, but healing requires time and patience.

Conclusion

Being injured by a drunk driver is a life-altering experience, but you don’t have to face it alone. By following these steps and working with a skilled attorney, you can protect your rights, hold the responsible parties accountable, and get the compensation you deserve.

Call Brandon J. Broderick For Legal Help

Navigating Florida car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.