If you were in a car accident that involved a drunk driver, it’s imperative to understand your rights. Please read this as we explore the damages you can recover and how our experienced Manatee County Drunk Driving Accident Lawyers can help you fight for the justice you deserve.
How Can I Hold a Drunk Driver Liable for My Damages?
When pursuing compensation against a drunk driver, it’s essential to understand how this process differs from other accident cases. Unlike most accident claims, you typically don’t need to prove negligence in the traditional sense in drunk driving cases. This is due to a legal principle known as “negligence per se,” which establishes a lower burden of proof. Driving under the influence is illegal, which constitutes an automatic breach of duty. As a result, the drunk driver is liable for any damages resulting from the accident. Negligence per se simplifies the process for the injured party, as you only need to demonstrate that the driver was intoxicated and it caused the collision, rather than proving they acted unreasonably.
In addition to pursuing legal action against a drunk driver, Florida’s dram shop law allows you to file a claim against an establishment that over-served alcohol to the intoxicated individual who caused your accident. If successful, this claim can provide additional compensation for your damages.
What Damages Are Available?
Although no amount of compensation can undo the harm caused by a drunk driving accident, it can provide some relief, helping victims move forward with their lives. Generally, after being injured by a drunk driver, you can receive compensation for two types of damages: economic and non-economic.
Economic damages reflect tangible financial losses you incur due to your injuries. These damages are quantifiable and can be proven with documentation. This may include medical bills, lost wages, property damage, and any other out-of-pocket expenses. Non-economic damages, on the other hand, reflect intangible losses you suffer due to your injuries. These damages are usually much more challenging to quantify as they can vary greatly depending on the individual’s experience and perspective. This may include pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and disfigurement.
While punitive damages are rarely awarded, in a DUI accident case they may be justified. Punitive damages are designed to punish a defendant for their dangerous behavior and deter the defendant from engaging in similar conduct. They are not intended to compensate the victim. In DUI accident cases, punitive damages may be awarded if the judge finds the driver’s actions were particularly reckless and showed a total disregard for the safety of others. Factors that may warrant punitive damages include a high BAC, previous DUI convictions, fleeing the accident scene, and other aggravating circumstances.
If you have been injured by a drunk driver, it’s in your best interest to contact a seasoned lawyer from Becker & Lindauer, LLC, who can help you fight for the compensation you deserve. Connect with our firm today for guidance and skilled representation.
