It’s bad enough to be in a car accident, but when the other driver does something so irresponsible as to drink and drive, the pain and loss can feel so much worse. If you have been in a drunk driving accident in West Palm Beach, you deserve to know what your legal options are, what you can get covered, and what you need to do to make that happen. In this article, we can give you answers.
Here, the drunk driving accident lawyers in West Palm Beach with our law firm provide a detailed guide, and we are available to answer any questions regarding the law, your personal injury claim, and the damages you can seek.
Understanding Drunk Driving Accidents in Florida
Florida Statutes § 316.193 defines drunk driving as having a blood alcohol concentration (BAC) of 0.08%. As the National Highway Traffic Safety Administration (NHTSA) explains, driver judgment, reaction times, and motor skills are impaired to the point that they can no longer safely operate their vehicle.
In turn, drunk driving accidents often result in catastrophic injuries for those involved.
What to Do After Being Hit by a West Palm Beach Drunk Driver
If you have been in a DUI crash in West Palm Beach, your next steps could affect your physical and financial recovery. You should:
- Call 911 and let them know you suspect the other driver is intoxicated
- Take photographs and videos of the accident scene, vehicles, and your injuries
- Seek immediate medical attention
- Follow all medical recommendations and keep records
- Avoid discussing fault or giving recorded statements to insurers
You should also consider discussing your case with a personal injury attorney early. They can step in and take over your claim while you recover, protecting you from making mistakes that could cost you later.
Key Evidence in a Drunk Driving Injury Case
When seeking compensation, even when fault seems obvious, you will need evidence showing who was at fault, how the accident occurred, and the losses you have suffered. The evidence in your case should include the following:
Police and Criminal Evidence
Either the West Palm Beach Police Department (WPBPD), the Palm Beach County Sheriff’s Office (PBSO), or the Florida Highway Patrol (FHP) will respond to your 911 call, depending on where the accident took place. From them, you may seek:
- Police report on the DUI crash, including the arrest records
- Breathalyzer or blood alcohol evidence
- Field sobriety test observations
- Criminal charges and convictions
Accident and Scene Evidence
While at the accident scene, and if it is safe to do so, you too could start collecting vital evidence for your insurance claim. You could:
- Take photos or videos of the scene and vehicle damage
- Note the location of surveillance and traffic cameras
- Ask for contact information for witness statements
Medical and Financial Documentation
You should also consolidate records, reports, invoices, and any documentation related to the accident and your recovery in a folder. This could include:
- Emergency room and hospital records
- Ongoing treatment and rehabilitation documentation
- Proof of lost wages and reduced earning capacity
Through this evidence, you and your attorney can present a picture to the insurance companies of the impact this accident has had on you and your family.
Damages You May Be Entitled to Recover
Damages is a legal term for the physical injuries, financial losses, and emotional impact on you, for which you can seek compensation. Once we have investigated your accident and spoken with your doctors about your prognosis, we can compile a list of damages that reflect your current losses and possible future needs.
Typically, damages are presented in two categories. For the impact on your quality of life, you can seek such non-economic damages as:
- Pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Permanent disability or disfigurement
Economic damages are things like:
- Medical expenses (past and future)
- Lost income and loss of earning capacity
- Property damage
Due to the reckless decisions of the driver, you may also be eligible to seek punitive damages in a DUI accident in Florida. These damages are only awarded by a judge or jury, and they are meant to punish the wrongdoer and warn others against similar behavior.
How Florida Law Affects Your West Palm Beach Drunk Driving Injury Claim
Florida is a no-fault insurance system. Per Florida Statutes § 627.736, all registered drivers must carry personal injury protection (PIP) coverage, which you would file a claim with first. But that policy has limits. You can step outside of PIP coverage, though, if your injuries reach the serious injury threshold.
Florida also has a statutory deadline. Under Florida Statutes § 95.11, you typically have two years to file a personal injury lawsuit. If the statute of limitations expires, you may lose your chance to seek a fair settlement.
How a West Palm Beach Drunk Driving Accident Lawyer Can Help
So, whether you are seeking compensation through a personal injury claim or lawsuit, and depending on the insurance policies available, you do have options.
You also have the option of seeking legal representation. Our car accident lawyers have experience helping victims of DUI accidents receive the compensation they need and deserve. While you recover from your injuries, we can:
- Investigate the crash
- Gather and preserve evidence
- Determine full and fair damages
- Represent you in negotiations or at trial
We can even explore whether any dram shop liability under Florida law applies to your case.
You Deserve Accountability Following Your West Palm Beach DUI Crash
If you have suffered injuries due to the negligent actions of a drunk driver in West Palm Beach, contact the Law Offices of Wolf & Pravato to learn more about your legal options. Our legal team provides free case consultations and legal representation on contingency.
Call (844) 643-7200 today to get started.