Sue a bar for a Drunk Driving Accident if I was a Passenger
According to Florida Statutes § 768.125, you can’t sue a bar for a drunk driving accident if you were driving or a passenger unless the driver the bar served was underage or addicted to alcohol.
A bar is not liable for any damages caused by an intoxicated driver it served that is of lawful drinking age. However, you can sue the drunk driver for hitting you and causing your injuries and other damages.
Compensation for being Hit by a Drunk Driver
There are numerous economic and non-economic damages you could receive following a drunk driving accident you are not responsible for. Examples of possible recoverable damages include:
Medical Expenses
Someone injured by a drunk driver may have suffered multiple injuries that require surgery and other medical care. This will result in mounting bills that you should not have to pay for. The drunk driver who hit you is financially responsible for your treatment.
Property Damage
Your vehicle likely suffered damage from being struck by another car. You may be eligible to receive compensation for repairs or replacement of your car.
Pain and Suffering
You may have severe injuries after a drunk driving accident, keeping you from living life normally and enjoying your favorite activities. You can receive compensation for the pain and suffering you are experiencing after being hit by a drunk driver.
Lost income/diminished earnings
If you cannot work and are losing income, you may receive compensation for this loss of income. Additionally, if you can’t return to the same job and your injuries limit your opportunities, you may not make the same amount of money you did before, resulting in less income. Your potentially financial award could cover this, too.
There are a plethora of damages you can receive in a drunk driving accident case. If you lost a loved one in such an accident, you might be able to get the funeral and burial expenses covered as well as loss of companionship and guidance.
There is no average settlement for a drunk driving accident as it depends on the damages one incurs from this type of accident. If a drunk driver rear-ended you, your settlement could be significant. You may be wondering what you are entitled to after being hit by a drunk driver. A lawyer from our team can help you determine what you are owed by calculating your damages for you.
Statutes of Limitations to Know after a Drunk Driving Accident
If you wish to file a personal injury lawsuit against a driver who crashed into you when they were drunk, you generally have four years to do so under Florida Statutes § 95.11. If you are filing a wrongful death lawsuit against a drunk driver whose negligence took a family member’s life, you typically have two years to take legal action.
If you have grounds to sue a bar for a drunk driving accident when you were driving or a passenger, you have four years to do this. This can seem like a long time, but it takes a while to build a case against a bar and establish their employees’ negligence.
There is a lot of evidence to compile, and you do not want to let it disappear. There may also be witnesses to the accident that you should keep in touch with and allow a lawyer to interview for valuable information that benefits your case. If you wait too long to sue the bar, evidence and eyewitness testimony can be difficult, if not impossible, to obtain.
Establishing a Bar’s Negligence
If we find that the drunk driver in your accident is underage or habitually addicted to alcohol, the bar can be held liable, but we must show the four elements of negligence in your case. The four tenets are:
- Duty of Care: The bar possessed a duty of care not to serve alcohol to an underage individual or a person it knew would abuse the alcohol and possibly act irresponsibly and harm others.
- Breach of Duty of Care: The bar served alcohol to one of these types of people.
- Causation: Because the bar acted negligently and served one of these people, the person who shouldn’t have consumed alcohol drove and caused an accident.
- Damages: The person or people affected by the bar’s poor decision endured damages such as medical expenses, which can be remedied by financial compensation.
Without proof of the bar’s negligence, you will not have a strong case. It can help to enlist our lawyers’ assistance. They will handle this aspect of your case and everything else while you recuperate from the accident.
When you are hit by a drunk driver with insurance
Florida is a no-fault state, meaning anyone who gets into an auto accident files a claim with their own insurance company to cover their damages. Assuming the drunk driver who hit you carries insurance, you may be able to file a claim with their insurance company if you meet the serious injury threshold to receive a settlement from them, too.
Your insurance company might not cover all your losses. In this case, the other driver’s insurance can cover the rest.
Call the Law Offices of Wolf & Pravato for Legal Representation
Do not wait to seek legal help from the compassionate and dedicated team at Law Offices of Wolf & Pravato. Call for a free consultation at (954) 633-8270. We will learn the facts of your case and determine if a bar is liable for your damages following an accident with a drunk driver.
