Proving the other driver’s DUI (driving under the influence) offense in Fort Lauderdale will require demonstrating the legal elements of negligence using evidence such as the police report, BAC (blood alcohol content) test results, witness statements, video footage, reconstruction reports, and more.
Gathering this evidence could be challenging or impossible by yourself, especially as you recover from severe injuries. A Fort Lauderdale car accident lawyer can collect all necessary evidence and fight for the compensation you deserve while you concentrate on your physical and emotional recovery.
How to Prove Negligence in a Fort Lauderdale DUI Accident Case
The key to securing compensation in a motor vehicle accident claim is proving the four legal elements of negligence. Your Fort Lauderdale personal injury attorney will collect evidence of the following
- Duty of care: The liable driver was legally responsible for driving safely and protecting you from harm.
- Breach of duty: They breached their duty by driving under the influence of drugs or alcohol.
- Causation: Their breach caused an accident in Fort Lauderdale.
- Damages: You sustained injuries and suffered losses because of the crash.
If you and your lawyer prove these four elements, you will demonstrate your right to collect damages.
Helpful Evidence in a Fort Lauderdale DUI Crash Claim
To prove the legal elements of negligence, your attorney will gather various forms of evidence, such as:
- A copy of the police accident report, which may include the responding officer’s observations of the driver’s alleged intoxication (such as if they smelled alcohol on the driver’s breath or found drugs in their vehicle).
- BAC test results, which may show the driver’s blood alcohol content was beyond the legal limit. According to the Florida Department of Highway Safety and Motor Vehicles, the legal limit is 0.08% (or 0.02% for drivers under age 21).
- Testimony from eyewitnesses who saw the driver drinking or driving erratically shortly before the crash.
- Police body camera footage of the driver, which may show evidence of intoxication, such as difficulty walking in a straight line or slurred speech.
- A citation issued for a Fort Lauderdale DUI offense.
- The at-fault party’s driving record, which may indicate a history of drunk driving.
- Accident reconstruction to establish the cause of the crash.
What if the Negligent Party Is a Truck Driver?
Truck crashes can be more complicated to pursue than other motor vehicle accidents, especially if they involve an intoxicated truck driver. Proving DUI in a truck accident can be challenging and may require additional evidence. In addition to the evidence listed above, DUI truck crash proof might include:
- Black box data from the truck, indicating unsafe driving behaviors such as speeding or swerving back and forth on the road.
- Drug testing results from the truck driver’s employer.
- Trucking company employment records.
It’s also important to note that commercial truck drivers face a lower legal BAC limit of 0.04%, per Florida Statutes § 322.62.
Your Fort Lauderdale truck accident lawyer can gather all necessary evidence to prove negligence and liability in your case while you rest and recover from your injuries.
Damages You Could Receive After a Fort Lauderdale DUI Accident
Your compensation after an auto accident depends on your unique losses, which typically fall into these categories.
Economic Damages
These are direct financial losses stemming from the crash, such as:
- Medical expenses, including surgeries, medications, hospitalization, mental health counseling, physical therapy, and medical devices
- Lost income
- Property damage
- Household services
- Necessary home and car modifications
Noneconomic Damages
Your intangible damages could qualify you for a significant amount of compensation for these injuries:
- Physical, mental, and emotional pain and suffering
- Reduced quality of life
- Diminished enjoyment of life
- Anxiety or depression
- Sleep problems related to the accident
Wrongful Death Damages
If you lost a loved one in a DUI crash, a Fort Lauderdale wrongful death attorney could help your family pursue monetary compensation for your losses, such as:
- Funeral costs
- Burial expenses
- Medical bills
- Loss of companionship and consortium
- Loss of guidance and support
- Loss of inheritance
Punitive Damages
Juries rarely award these damages, but they are sometimes awarded in DUI cases to discourage those with a history of drunk driving from repeating this harmful behavior. Your Fort Lauderdale DUI accident lawyer can explain whether your case qualifies for punitive damages.
Let Our Personal Injury Lawyers Help You Prove a Fort Lauderdale DUI Offense
Gathering DUI proof in a crash case is not a straightforward process. When you turn to our legal team at the Law Offices of Wolf & Pravato, we’ll handle your entire legal claim so you can concentrate on your health. We will gather all evidence necessary to prove the other driver broke the law by driving under the influence of alcohol or drugs; therefore, they are liable for your damages.
Contact us today for a free initial consultation to learn more about your legal options after a DUI crash in Fort Lauderdale.
