Thousands of people lose their lives to drunk driving every year, and even more become injured when there is an accident. Even with all the awareness campaigns over the years, people still engage in this incredibly reckless act. Drunk drivers will face criminal consequences, but those will not compensate you for your injuries. Instead, if you need to recover damages for your losses, you need to file a car accident claim, either with your own insurance company or the insurer of the at-fault party. A Fort Lauderdale DUI accident lawyer can advise you of your legal options and help you through the appropriate process.
Our Fort Lauderdale DUI Accident Lawyer Explains PIP Benefits
Florida is a no-fault auto insurance state, which means you must first file a claim with your own insurance company after a crash, regardless of who was to blame. All motorists in Florida are required to carry a minimum of $10,000 in personal injury protection (PIP) benefits. These benefits will cover your medical expenses and a portion of your lost income, but they will not provide certain damages, such as pain and suffering.
While PIP benefits are limited, they also allow you to receive compensation quite quickly. The insurance company does not have to conduct an investigation because fault is not a factor and so, you can receive benefits soon after the crash. If you exhaust your PIP benefits but still need additional compensation for your injuries, you can then file a claim directly against the drunk driver.
Our Fort Lauderdale DUI Accident Lawyer Can Help You File a Claim
Drunk driving is a very serious illegal act in Florida. Once you have exhausted your PIP benefits, you can file a claim with the drunk driver’s insurance company. If you can prove the driver was drunk at the time of the crash, they are considered negligent per se in the civil case. This is because any time a driver breaks the law and an accident occurs, it is presumed that the motorist that broke the law was negligent. A conviction in a criminal case can help prove the driver was drunk at the time of the crash, which can help simplify your claim.
Our Fort Lauderdale DUI Accident Lawyer Explains Third Party Liability
Some states have dram shop laws that allow accident victims to hold bars, restaurants, and even social hosts liable if they over-serve someone and that person later causes a drunk driving accident. Florida does not have such a law regarding third party liability, unless one of two scenarios applies. These are when the third party gave alcohol to someone under the age of 21, or to someone that was known as habitually addicted to alcohol.
Call Our DUI Accident Lawyer in Fort Lauderdale Today
If you have been injured in a crash, our Fort Lauderdale DUI accident lawyer at Rosen Injury Law, P.A. can help you make things right. Our seasoned attorney knows how to hold drunk drivers liable so you claim the full compensation you deserve. Call us today at 954-787-1500 or contact us online to schedule a free consultation and to learn more about how we can help.
