Car accidents can be stressful and frustrating, especially if you learn your accident was caused by a drunk driver. Drunk drivers pose a serious threat to everyone on the road, and if you were injured in a drunk driving car accident, you may be able to file a claim for compensation with a West Palm Beach drunk driving car accident lawyer’s help.
A seasoned car wreck attorney can ensure you understand your right to potentially hold the drunk driver financially responsible. They may also work with you to gather evidence to establish fault and either negotiate with the at-fault parties for a settlement or pursue your case in civil court.
Basics of Filing a Claim
Every driver in West Palm Beach implicitly owes a duty of care to all other drivers on the road. This means that if a driver acts negligently or recklessly and causes injury while driving, such as by driving while intoxicated, they may be held liable for any ensuing damages.
An injured party may be entitled to take civil action against a drunk driver to obtain monetary compensation for any injuries or property damage resulting from the accident. An experienced West Palm Beach drunk driving car accident attorney can hold the responsible party accountable by seeking appropriate restitution for the injuries and losses a plaintiff may have suffered in a drunk driving car wreck.
What is Pure Comparative Negligence?
Florida operates under a pure comparative negligence standard. This means that if both drivers are found to be negligent, the injured driver’s recovery may be limited based on the degree to which they are deemed to be at fault for the accident.
For example, if a non-drunk driver was speeding and found to be 30 percent at fault, they would only be entitled to recover 70 of their total damage award. The remaining 30 percent would be unavailable because the injured individual was 30 percent liable for their own damages.
Types of Compensation Available
Damages that a person injured in a drunk driving accident in West Palm Beach could be sue for may include several different types of monetary compensation, including but not necessarily limited to:
- Costs for medical and rehabilitative care
- Current and future lost wages
- Pain and suffering
- Costs for at-home equipment and renovations for long-term or permanent injuries
Compensation may also include punitive damages in situations where the responsible party’s actions were particularly egregious. As established in Florida Statutes §768.72, punitive damages are explicitly intended to punish the drunk driver and discourage them or anyone else from undertaking such actions ever again. Consult with an experienced lawyer for more information about compensation available to injured individuals.
How does a Plaintiff Determine Fault in a Car Accident Case?
Depending on the circumstances, one or more parties may be at fault for a drunk driving accident. The drunk driver is most likely to be at fault since driving while under the influence of alcohol is a breach of the duty of care a driver owes to others on the road.
However, an establishment that provided alcohol to someone who then proceeded to drive drunk may also be at fault. Under Florida state law, such an establishment may be held liable for injuries or damage caused by drunk driving if the individual is a minor or if the individual is known to be “habitually addicted to alcohol.”
An employer could also be held liable for damages in certain circumstances if the individual was performing work-related duties when the accident occurred. A drunk driving car accident lawyer in West Palm Beach can work with an injured plaintiff to identify all the potential defendants in their case and file suit accordingly.
How a West Palm Beach Drunk Driving Car Accident Attorney Could Help
If you were injured in an accident caused by a drunk driver, there may be legal recourse available to you. A West Palm Beach drunk driving car accident lawyer can evaluate your case to determine the potential types and sources of compensation you may be entitled to recover.
Your attorney can also help you gather proof of fault to build your case and communicate the extent of the damages to the judge or jury. You deserve fair compensation for your injuries and property damage, so call today to schedule a consultation and discuss your situation.
Speak to a member of our team today.