It can be challenging to know the steps to take after an accident. The confusion and chaos of an accident scene can be overwhelming for anyone – despite the circumstances. However, if a drunk driver is involved, there are more problems to deal with.
That’s why victims need to have an experienced Parrish DUI accident lawyer to represent them. At Winters and Yonker, you will find auto accident lawyers with years of experience handling car accident cases. We have recovered millions on behalf of our clients.
Our aggressive litigators are skilled negotiators who know how to get our clients the compensation to which they legally deserve. Call (888) 373-7770 and schedule your consultation today.
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Drunk Driving Statistics In Florida
Recently, a national drug testing company published a ranking of all the states based on the rates of drunken driving. Florida was at the bottom of the pack. Generally, these findings were based on info from FBI crime reports, the U.S. Department of Transportation, and the Centers for Disease Control and Prevention.
In 2018, Florida ranked 46th for drunken driving rates, with 151 DUI-associated arrests per 100,000 people. The report also cited other metrics, such as:
- Long-term change in the DUI arrest rate. 47.3% reduction from 2009-2018.
- Short-term change in the DUI arrest rate. 30% increase from 2014-2018.
What Are the BAC Limits In Florida?
According to Florida law, the legal BAC limit is set at 0.08 for people aged 21 and above. In other words, an individual is considered to be intoxicated when his or her BAC is 0.08 or above. You might be wondering if a driver can be arrested for DUI with BAC levels below 0.08? YES. That is if the officer establishes that the driver’s ability to operate that car safely is impaired.
Fortunately, the personal injury lawyers at Winters and Yonker have been asked such questions many times. An experienced attorney can present a strong impairment case – regardless if your BAC was below the legal limit. Typically, a judge or jury can decide whether you were impaired at the actual time when the office made the arrest depending on other evidence materials presented by the prosecutor.
So, is there a difference with drivers below the age of 21? Absolutely. The BAC limit is relatively lower for drivers below the age of 21, as well as commercial drivers. Typically, underage drivers may be arrested when their BAC is 0.02 or above. Furthermore, commercial vehicle drivers are subject to a relatively lower BAC level of 0.04 or above.
To be guilty of DUI in Florida, you must have been operating your vehicle with a BAC level at or exceeding the legal limit as specified by the law.
What To Do After An Accident With A Drunk Driver?
Undoubtedly, knowing what steps you ought to take after a crash with a drunk driver in Parrish, Florida, is essential. It can make the difference between financial restitution for your damages and minimal to no compensation. In case you know the accident resulted from a drunk driver, contact 911 immediately. You wouldn’t want things to take a violent turn. By ensuring the police arrive at the scene, it enables the car accident event and the drunk driver’s BAC level to be documented in a police report.
Gather evidence by taking photographs of your injuries, the car wreckage, and all other damages in that accident scene. Make sure you note down your recollection of everything that happened before memories fade away. You should also note down statements from witnesses and their contact details. Note down any signs of DUI that you might have noticed. Above all, seek medical attention for your injuries and have a medical record to use when filing your accident claim.
What Damages Can You Recover After A Drunk Driving Accident In Parrish, FL?
Injury claims that are permitted by Florida court may result in certain damages that may be paid to injured victims. This is mainly in circumstances of clear fault by the impaired driver. Mostly, compensatory damages are the key initial claims and might include overall compensation for pain and suffering sustained from the injuries, property damage, lost wages, and medical bills.
Punitive damages might also be available in most DUI accident cases. This is if the plaintiff’s legal team can prove to a judge that the drunk driver is accountable for gross negligence. If there is a fatal injury or a wrongful death, the family members of the decedent might claim for loss of consortium in particular situations.
How Long Do I Have To File A Claim For A DUI Accident In Florida?
According to Florida’s statute of limitations, it is four years. That basically means that you’ll have four years from your actual injury date to file a lawsuit against a negligent drunk driver. That doesn’t mean that you should put it aside. The longer you wait, the more difficult it will be to win.
What’s more, if you wait past that four-year mark, you’ll be barred from seeking compensation altogether. In short, do not wait! At Winters and Yonker, you will find the help you need.
How Much Will An Attorney Cost For A DUI Accident Claim?
The Rules of Professional Conduct in Florida provides details on costs and fees for legal services. In any car crash case, you and your attorney will put down a contingency fee agreement specifying what percentage of the compensation the lawyer will get.
Typically, the percentage depends on the complexity of you claim and is taken from the award or settlement. If the matter goes to trial again or is appealed to a higher court, then the percent might increase. At the end of the case, you’ll obtain a written statement outlining the outcome of that matter. If there is also a recovery, it will state the amount payable to you and its determination method.
Schedule A Free Consultation With A Parrish DUI Accident Lawyer
Receiving the compensation you legally deserve to cover your expenses after an accident is essential for protecting your finances. Most people are cheated out of fair compensation because of a lack of evidence. Contact our personal injury firm at (888) 373-7770 to speak with a drunk driving accident lawyer for help.