What I Am Entitled To If My Car Is Hit By A Drunk Driver?
If a drunk driver hits your car, you can seek compensation for both economic and non-economic damages. Economic damages include medical bills, lost income, property repairs, and future medical treatments. On the other hand, non-economic damages cover physical pain, emotional suffering, and loss of enjoyment in daily activities. You may also seek punitive damages if the drunk driver’s actions involved gross negligence. To prove negligence, gather police reports, medical records, and witness statements.
At Todd Miner Law, we help you recover compensation after a drunk driver hits your car. Our experienced personal injury attorneys guide you through the entire legal process. In addition, we work with medical experts, handle your insurance claim, and fight to pursue fair financial compensation. We also hold the drunk driver accountable by proving negligence. Call 407-894-1480 today to discuss your case with a trusted car accident lawyer.
What Types Of Compensation Can You Claim After A Drunk Driving Accident?
After a drunk driving accident, you can claim medical costs, lost wages, property damage, and rehabilitation costs. You can also demand compensation for long-term treatment, reduced earning capacity, and transportation expenses. Besides that, you may recover costs for in-home care and assistive devices if the injuries caused severe long-term bodily limitations.
Moreover, under Statute §768.72, you can file a claim for punitive damages if the drunk driver acted with intentional misconduct. However, to prove the at-fault driver’s negligence, you must present clear evidence, such as:
- Police reports showing a high blood alcohol level
- Field sobriety test results
- Eyewitness statements confirming reckless behavior
- Dashcam or surveillance footage of the accident
- Prior DUI convictions or a history of drunk driving
What Should You Do Immediately After Being Hit By A Drunk Driver?
You should immediately call 911 to report the accident and wait for police to arrive at the accident scene. Then, document the scene by taking pictures and gathering contact information from any witnesses. After that, seek medical attention and contact an accident lawyer to protect your legal rights and build a strong case. Here’s how these steps strengthen your legal claim against the drunk driver:
Reporting the Driver
Calling 911 alerts emergency responders and ensures police officers arrive to file an official report. When officers arrive, they will perform field sobriety tests and may use a breathalyzer to measure blood alcohol levels. These tests create official evidence of intoxication, which is essential for your case. Without this evidence, it’s difficult to prove the driver’s fault.
Collect Evidence
Take photos of visible injuries, vehicle damage, and road conditions to help recreate the accident. Moreover, collect witness names and contact info, especially from anyone who saw signs of intoxication or reckless driving. This evidence strengthens your case when dealing with insurance companies. You should also gather essential documents and details, including:
- The drunk driver’s license information
- Record witness statements explaining the drunk driver’s behavior
- Vehicle registration and insurance details
- Any police citations or tickets issued
- Copy of sobriety or breathalyzer tests
Seek Medical Attention
Getting medical help immediately proves your injuries are directly related to the accident. Moreover, medical records show the type and severity of your injuries, supporting your compensation claim. Without prompt treatment and proper medical records, insurance companies often dispute the cause of your injuries. To avoid denials and strengthen your case, make sure to save the following records:
- Doctor’s assessment and diagnosis
- Test results and X-rays
- Treatment plans and prescriptions
- Hospital bills and receipts
- Follow-up visit records
Consult Our Lawyer
Our personal injury attorneys understand the legal consequences of drunk driving and provide clear guidance throughout your case. We manage communication with insurance companies and gather essential evidence to prove the drunk driver’s negligence. Other than that, by handling the claim process, we help you pursue full compensation for your injuries and damages. Contact us today for a free case review.
What Are Florida’s Drunk Driving Laws?
Under Florida Statute §316.193, it is illegal to drive with a BAC (blood alcohol concentration) of 0.08% or higher for drivers 21 years old or older. For drivers under 21, Florida follows a zero-tolerance policy (they can face DUI charges for having a BAC of 0.02%). Moreover, the implied consent law §316.1932 requires all drivers to give a breath, blood, or urine test. Refusal to give these tests can lead to serious consequences, including:
- First Refusal: 1-year license suspension.
- Second Refusals: 18-month license suspension, first-degree misdemeanor charges, and a fine of up to $1,000.
Other than that, under §768.125, if someone serves alcohol to an underage person, they can be held legally responsible if that person causes a drunk driving crash. This law, known as Florida’s Dram Shop Law, is specifically designed to hold others accountable in serious drunk driving cases.
How Long Do You Have to File a Drunk Driving Civil Claim in Florida?
In Florida, you usually have 2 years from the date of the drunk driving crash to file a civil lawsuit. This statute of limitations applies to all property damage cases and personal injury claims resulting from a car accident. If the crash caused a wrongful death claim, the same 2-year limit applies (begins from the date of the victim’s death).
While Florida’s law gives you a timeline to file a civil claim, some exceptions can extend this deadline. For example, if the injured person is a minor, the legal limit may pause until they turn 18. Also, if injuries or damages were not immediately discoverable, the deadline might start when the damage became visible. These exceptions help ensure fair chances to seek compensation.
While Florida’s law gives you a timeline to file a civil claim, some exceptions can extend this deadline. For example, if the injured person is a minor, the legal limit may pause until they turn 18. Also, if injuries or damages were not immediately discoverable, the deadline might start when the damage became visible. These exceptions help ensure fair chances to seek compensation.
How Can Todd Miner Law Maximize Your Car Accident Compensation?
Todd Miner Law maximizes your compensation by building a strong, well-documented case from the start. Our team gathers strong evidence, such as police reports, sobriety tests, and witness statements, to prove the other party’s fault. We also work with medical experts to understand your injuries and how they affect your daily life and long-term health.
Additionally, our car accident attorneys deal directly with insurance companies on your behalf. Insurance companies often offer low settlements to reduce their payouts, but our experienced attorneys fight back to protect your rights. For example, if the insurance adjusters don’t offer you a fair settlement, we will help you file a lawsuit to pursue the compensation on your behalf. This step pressures insurers to negotiate seriously and helps secure a full recovery. Call us today for a free consultation to discuss your drunk driving car accident case with an experienced personal injury attorney.
What If the Intoxicated Driver Was Uninsured or Underinsured?
If the intoxicated driver was uninsured/underinsured, you can still pursue fair compensation through your own insurance policy’s UM/UIM coverage. For example, typical UM insurance policy limits range from $25,000 to $100,000, depending on your policy. This insurance pays for medical expenses and other accident costs when the at-fault driver lacks enough insurance.
Other than that, the following insurance options can also help cover your losses:
- MedPay pays for medical expenses, usually covering amounts from $1,000 to $10,000.
- Collision Coverage helps with the costs of repairing or replacing your vehicle after a crash, no matter who caused the accident.
- Personal Injury Protection (PIP) covers medical expenses, lost wages, and other accident-related costs, often with higher limits than MedPay.
How Can Victim Compensation Funds Support Your Recovery?
Victim compensation funds in Florida can support your recovery by providing financial help for expenses that your insurance or the at-fault driver’s coverage may not fully cover. The Florida Victim Compensation Program helps with healthcare expenses, counseling, lost income, and other costs related to injuries from crimes such as drunk driving accidents.
To qualify and apply, you need to:
- Report the accident to the police as soon as possible and cooperate with their investigation.
- Fill out an application with the Florida Office of the Attorney General’s Victim Compensation Program.
- Provide important documents like medical bills, proof of expenses, and the police report.
- Submit your application within the deadline, usually within one year of your injury.
Todd Miner Law Can Help You Recover Compensation After a Drunk Driving Accident in Orlando, FL — Get a Free Case Review!
Being injured by a drunk driver in Orlando can leave you with high medical expenses, lost wages, and costly car repairs. If the at-fault drunk driver is uninsured or underinsured, recovering compensation becomes even more difficult. Moreover, car insurance companies often deny or delay claims, especially without clear evidence like police reports or witness statements. You may also face strict deadlines and complex legal rules that can weaken your personal injury lawsuit without proper legal representation.
That’s why, at Todd Miner Law, we take immediate legal action to protect your rights after a drunk driving accident in Orlando. We gather strong evidence and build strong personal injury cases to secure full compensation. Our experienced personal injury attorneys also work to cover medical bills, lost income, pain, and suffering. Call 407-894-1480 today for a free case review. You can also visit our law firm at 915 Outer Rd, Orlando, FL 32814.
FAQs
Can Establishments That Serve Alcohol Be Held Liable?
Yes, under Florida’s Dram Shop Law, establishments can be held liable if they intentionally serve alcohol or drugs to a minor or someone visibly intoxicated who later causes a drunk driving accident. This legal action allows victims of serious injuries to seek justice from both the impaired driver and the negligent business.
Does Criminal Restitution Ordered in the DUI Case Benefit Me?
Yes, criminal restitution can help cover your out-of-pocket losses. If the court convicts the impaired driver, the judge may order them to pay for medical bills, property damage, or lost income. However, it does not include damages like pain, emotional suffering, or future medical care. To recover these damages, you must file a separate car accident personal injury claim against the impaired driver through civil legal action.
What If the Drunk Driver Was Driving Someone Else’s Vehicle?
You can file a lawsuit even if the drunk driver was using someone else’s car. Florida law allows injured victims to demand compensation from the vehicle owner’s insurance policy, especially if they knowingly allowed the impaired driver to operate the car. In cases of serious injuries, pursuing both the driver and the owner increases the chance of fair compensation.
What’s the Average DUI Accident Settlement Range?
The average DUI accident settlement ranges from $50,000 to over $125,000, depending on injury severity, lost wages, and medical expenses. For example, a case involving a broken bone and short-term work loss may settle around $60,000. However, claims involving severe injuries, like spinal injuries, surgery, or permanent disability, often exceed $125,000.
Can I Get Compensation Even If My Injuries Seem Minor at First?
Yes, you can recover damages even if your injuries appear minor at first. Soft tissue injuries, concussions, and internal trauma often worsen days after the accident. These conditions may lead to chronic pain or require long-term care. That’s why it’s essential to seek medical attention, track all symptoms, and document every change to support your car accident personal injury claim.
Do I Need a Lawyer for a DUI Accident Claim?
Yes, hiring a lawyer is important for a DUI accident claim. These cases often involve serious injuries, multiple insurance agents, and liability disputes. Without legal help, you risk missing deadlines, accepting low settlement offers, or failing to prove the other driver’s fault. That’s why a car accident lawyer ensures your rights are protected and works to secure full compensation for losses.
What If I Was Partially at Fault in the DUI Accident?
You can still recover compensation under Florida’s comparative negligence rule. If you’re less than 50% at fault, you may file a car accident personal injury claim. However, your compensation will be reduced by your share of fault. For example, if you were 20% at fault, you’d receive 80% of the damages.
