I Got Hit By A Drunk Driver
If you were injured in a car accident, the first thing you should do is get video or photographic evidence. A video can capture the actions of the other car occupants and provide compelling evidence of intoxication. Then, take the footage to your lawyer and let them help you make a case.
Innocent victims deserve justice
When someone is drunk while driving, the law is not always on their side. Florida law is strict about drunk driving, with steep fines and criminal consequences. These penalties are designed to deter drunk drivers, but innocent victims of drunk driving accidents often end up paying the price. Fortunately, the civil justice system provides a way for victims of drunk driving to seek justice.
Drunk driving accidents can cause life-altering injuries and emotional trauma. These victims deserve justice and compensation for their pain and suffering. Depending on the circumstances, a victim may qualify for compensation from the negligent party’s insurance company. A personal injury attorney can help a victim obtain compensation for their losses.
Comparative fault rules apply
If you are hit by a drunk driver, you may be entitled to compensation if you are partly at fault for the accident. This rule is known as comparative fault. It works by reducing the damages award based on the percentage of the plaintiff’s fault.
This rule limits the amount of compensation you can collect if you were 50% or more at fault for the accident. In these cases, the other party must be at least 50 percent at fault. This can make your claim more difficult or impossible.
Damages awarded to victims
There are many factors that determine how much a victim of drunk driving can recover. Depending on the circumstances, a victim can be awarded economic, non-economic, or punitive damages. Economic damages are based on actual costs, while non-economic damages are based on pain and suffering. Punitive damages are only awarded in special circumstances.
To recover punitive damages, the plaintiff must prove that the other driver was negligent. In California, punitive damages are not insurable, so they must come from the other driver. A jury may also consider the financial situation of the drunk driver. After all, not every drunk driver will be able to pay these damages, and they may have no other means of paying the damages. Therefore, a punitive damage award may allow the plaintiff to attach a lien to real estate or garnish a drunk driver’s wages.
Liability of other parties involved
Liability of other parties involved in a drunk driving accident can be complicated. The injured party can file a lawsuit to recover a portion of the damages. There are several types of claims that can be brought, including a wrongful death suit and a property damage lawsuit.
Liability of other parties involved in a drunk driving accident can include other drivers, pedestrians, and even bartenders. For example, a bartender may serve a drunken driver who then runs a red light at an intersection. The driver is liable for drinking alcohol and for the accident, and the bar may also be liable for negligently serving the driver.
Finding a lawyer after being hit by a drunk driver
If you have been hit by a drunk driver, it’s important to hire a lawyer to represent you. These types of cases require thorough investigation and documentation. Although you may be tempted to settle for compensation immediately after the accident, this is not always the best approach. It’s much better to work with a lawyer who will ensure that you receive the full amount of compensation due to you.
First, contact the police. They can speak with everyone involved and take a report. If possible, have the driver submit to breathalyzer and field sobriety tests. The police report can help you in civil court. It’s also important to document the scene of the accident and gather as much evidence as possible. Get the other driver’s license number, insurance information, and full name.