Hobe Sound Drunk Driving Accident Lawyers

Collisions involving impaired motorists are some of the most tragic because they are entirely preventable. There is no reason for anyone to get behind the wheel while under the influence of drugs or alcohol, but sadly, thousands of people all over the country do so every single day.

Many drunk driving crashes seemingly come out of nowhere because impaired motorists are wholly unpredictable. As a result, their victims have virtually no time to respond or make any kind of evasive maneuver to reduce the force of impact. For this reason, the resulting injuries are often severe.

If you were hurt in a wreck caused by someone who was under the influence of drugs or alcohol, turn to Donaldson & Weston for quality legal counsel during every stage of the claims process. Our Hobe Sound drunk driving accident attorneys can handle all the logistics of your case so you can focus on your health. Call 772-266-5555 to schedule a free consultation with one of our injury lawyers.

Damages Recoverable in Florida Drunk Driving Accident Claims

In the state of Florida, drunk driving accident victims have the right to pursue compensation for all costs associated with treating the injuries they sustained. When calculating a fair settlement amount, they can include compensation for:

  • Property damage;

  • Hospital bills;

  • Future medical expenses;

  • Mobility aids;

  • Home care;

  • Dwelling and vehicle modifications;

  • Past lost wages;

  • Future loss of earning capacity;

  • Emotional distress;

  • Pain and suffering;

  • Loss of enjoyment of life;

  • Scarring and disfigurement;

  • Disability;

  • Loss of consortium; and

  • Mental anguish.

In cases involving impaired motorists, claimants may also be able to recover funds for punitive damages, which can make up a significant portion of the final award.

When you consider the various damages listed above, it becomes obvious why there is no set standard for valuing drunk driving accident claims. At the end of the day, dozens of factors can influence how much any given case is worth. Such factors include:

  • The facts of the case and whether you were partially liable;

  • Whether the injuries you sustained resulted in any kind of disability;

  • How long the injuries you sustained are going to take to treat; and

  • Whether you will be able to return to work upon reaching maximum medical improvement.

Regardless of any factors that might influence the total value of your claim, you can be sure that a personal injury lawyer from our firm will pursue compensation for all applicable damages on your behalf, including those that are easy to overlook such as mileage to and from physical therapy sessions and emotional trauma stemming from the incident.

How to Prove Liability After a Drunk Driving Accident

There are countless scenarios that could give rise to a personal injury claim, and each case is unique. That said, no matter the specific facts of your claim, you must be able to prove the defendant is liable for your damages in order to prevail.

In drunk driving accident cases, there are many types of evidence a DUI accident lawyer might use to prove liability. Ultimately, your attorney will have to demonstrate that the defendant owed you a duty of care, breached that duty of care, and the breach resulted in your damages.

Since all drivers owe other motorists, passengers, and pedestrians a duty of care to take reasonable steps to avoid accidents, proving that such a duty existed simply requires demonstrating that the defendant was in fact driving when the crash occurred. The police report should be sufficient to establish a duty of care.

The next step in proving liability is to demonstrate how the defendant breached the duty of care owed to the victim. In a drunk driving accident case, evidence of a breach of duty may include:

  • Chemical Test Results: If the defendant failed a chemical test at the scene and/or after being taken into custody, the results of those tests can be used to strengthen your claim.

  • Text Messages: The defendant may have sent texts in the hours leading up to the crash wherein he or she admits to consuming alcohol.

  • Social Media Posts: It’s not uncommon for people to post photos on social media when they’re out drinking. Those posts may be used to prove the defendant was impaired at the time of the crash.

  • The Police Report: If police attended the scene, their report should provide details about the cause of the collision and any arrests made.

  • Video Footage of the Crash: The aforementioned evidence should be sufficient to prove the defendant was intoxicated at the time of the accident, but what if the insurance company argues that you were partially at fault? In the state of Florida, damages in a personal injury case can be reduced by the claimant’s percentage of liability. For this reason, it’s important to gather evidence that can be used to overcome any liability dispute should one arise. Such evidence may include video footage of the crash, eyewitness testimony, and the testimony of accident reconstruction experts.

How to Prove Damages in a Drunk Driving Accident Claim

Your Hobe Sound DUI accident attorney will have to prove the types of damages you incurred and their value. Important evidence may include medical documentation, invoices and receipts for doctor’s visits and medical treatments, testimony from medical experts and economists, photos of property damage and injuries, mechanic’s estimates for property repairs, and your personal injury journal.

Accident victims who represent themselves often overlook damages to which they are entitled. The Hobe Sound drunk driving accident lawyers at Donaldson & Weston can make sure your claim includes all potentially recoverable losses, and we won’t settle for anything less than you deserve.