Can I Sue if I Was Injured in an Accident Caused By a Drunk Driver in Florida?

drunk driving

Despite endless amounts of literature, commercials, and education from the time children are in grade school regarding the dangers of driving while intoxicated, drunk drivers continue to plague the roads of Florida, especially during the holiday season. Unfortunately, because so many drivers make careless, even selfish decisions to drive while under the influence of drugs or alcohol, innocent people are often critically injured in accidents caused by these individuals. If you or a loved one has sustained an injury in a drunk driving accident, our legal team is here to help you fight for the justice you deserve. Continue reading and contact a Jacksonville auto accident lawyer from our firm to learn more about what we can do for you.

What should I do after being involved in an accident with a drunk driver?

When a person is injured in an accident with a drunk driver, the most important thing they can do is immediately call law enforcement to the scene. Dialing 911 can ensure that the individual a) receives medical treatment at the scene of the accident and b) that the person driving while under the influence is questioned and likely arrested. When law enforcement suspects a person is driving while intoxicated, they almost always require the person to take a breathalyzer test, the results of which we can use to help satisfy the burden of proof in the wrongfully injured party’s personal injury claim.

Additionally, if possible, anyone harmed in an accident with a drunk driver should also try to take the following steps:

  • Ask witnesses for their contact information.
  • Take pictures of any damage to vehicles or property.
  • Keep copies of all medical documentation pertaining to their injury.
  • Retain the services of a seasoned personal injury lawyer who can help gather and present all other evidence needed to win their injury claim and recover the compensation they need to heal.

Does Florida have a dram shop act?

It does. Essentially, the dram shop law in Florida gives injured parties the right to sue both the drunk driver and the establishment that served the driver alcohol under certain circumstances. As long as the injured party can prove that the establishment in question served alcohol to a person who is either under the age of 21 or “habitually addicted” to alcohol, the injured party should have a valid claim against the establishment and the driver.

If you have any additional questions or want to speak with our firm about your case, give us a call or contact us online.