Attorney Mitch Chubb and his staff are extremely professional and thorough. They treat you like family and will do everything they can to maximize the value of your case. I highly recommend them.
– Jon
Florida Drunk Driving Accident Attorney
If you or a loved one has been injured in a drunk driving accident in Lake Mary, you deserve experienced legal representation to help you recover the compensation you need to begin recovering.
At Chubb Law, we hold drunk drivers accountable and ensure that victims get the justice they deserve. Our skilled attorneys will guide you through every step of the legal process, fighting for your rights and the compensation you are entitled to under Florida law.
Drunk Driving Accident Statistics
Drunk driving accidents are a serious public safety concern in Florida and Seminole County. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), in 2023, there were 5,114 alcohol-related crashes in Florida, leading to 352 fatalities and 3,086 injuries. Additionally, there were 541 drug-related crashes and 331 involving both alcohol and drugs, causing hundreds of deaths and injuries.
These statistics show the devastating impact of impaired driving. If you are a victim of this preventable negligence, our experienced legal team at Chubb Law can help you seek compensation.
Results and Client Testimonial
What You Need to Know About Florida Personal Injury Law
Florida personal injury law allows compensation for those injured due to someone else’s negligence, including drunk driving accidents. If you or a loved one are injured in a drunk driving accident in Lake Mary or Seminole County, understanding the basics can help with your case.
To succeed in a personal injury claim, you must prove that the other party’s negligence caused the injury. In drunk driving cases, this usually involves showing the driver was intoxicated, and their impairment led to the accident and your injuries.
Our Successful Cases
$1,000,000
Rear-End Collision
Insurance Offer: $13,000
$375,000
Dram Shop Case – Drunk Driver Crash
Insurance Offer: $0
$100,000
Rear-Ended by a Drunk Driver
Understanding Drunk Driving in Seminole County
Drunk driving is a serious problem in Seminole County and across Florida. Drivers impaired by alcohol or drugs endanger themselves and others on the road. Local law enforcement, including the Lake Mary Police Department, actively combats drunk driving with DUI checkpoints, increased patrols, and awareness campaigns.
A BAC of 0.08% or higher in Florida is considered legally impaired. For drivers under 21, the limit is 0.02%, reflecting a zero-tolerance policy, while commercial drivers have a limit of 0.04%. Despite strict penalties like fines, license suspension, and potential jail time, drunk driving accidents continue to cause significant harm annually.
Key Legal Concepts in Florida Personal Injury Law
Understanding the key legal concepts in Florida personal injury law can help you navigate your drunk driving accident case more effectively. Here are some important terms and principles to be aware of:
- Negligence: To succeed in a personal injury claim, you must prove that the defendant was negligent.
- Duty of care: This is the legal obligation to act reasonably and avoid harming others.
- Breach of duty: A breach occurs when a person fails to meet their duty of care.
- Causation: You must establish a direct link between the defendant’s breach of duty and your injuries.
- Damages: These are the financial, physical, and emotional losses you suffer from the accident.
Legal Rights of Drunk Driving Victims
As a victim of a drunk driving accident in Florida, you have specific legal rights designed to help you recover from your injuries and losses. These rights include:
- Right to compensation: You can seek compensation for your injuries and damages. This can include medical expenses, lost income, pain and suffering, and property damage.
- Right to legal representation: You can hire a Florida personal injury attorney to represent you in your drunk driving accident injury claim. Our experienced drunk driving accident lawyers can help you navigate the legal process and advocate for your best interests.
- Right to a fair settlement: Insurance companies often attempt to settle claims for less than they are worth. You can negotiate for a fair settlement that fully compensates you for your losses.
- Right to file a lawsuit: If you cannot reach a fair settlement, you can file a lawsuit against the negligent party. This allows you to seek justice and compensation through the court system.
Damages You Can Recover in Drunk Driving Accident Cases
In a drunk driving accident case, you may recover various types of damages to compensate for your losses. You can categorize damages into economic and non-economic damages:
Economic Damages
- Medical expenses: This includes all medical costs related to the accident, such as hospital bills, surgery, medication, physical therapy, and future medical care.
- Lost wages: If your injuries prevent you from working, you can claim compensation for your lost income and any future earnings you may lose due to long-term disability.
- Property damage: You can recover the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Rehabilitation costs: If you require ongoing rehabilitation or assistive devices, you can include these costs in your claim.
Non-Economic Damages
- Pain and suffering: This compensates you for the physical pain and emotional distress caused by the accident and your injuries.
- Loss of consortium: If your injuries affect your relationship with your spouse, you may recover compensation for loss of companionship and support.
- Emotional distress: This includes compensation for anxiety, depression, and other psychological impacts resulting from the accident.
- Loss of enjoyment of life: If your injuries prevent you from enjoying activities and hobbies you once loved, you may obtain compensation for this loss.
Our Lake Mary drunk driving accident attorneys will work diligently to recover maximum compensation on your behalf for the injuries and damages caused by your accident. Contact us today to get started on your personal injury claim.
Insurance Coverage for Drunk Driving Accidents
Florida follows a no-fault insurance system, meaning each driver is responsible for their own medical expenses, regardless of fault. This system aims to reduce lawsuits and speed up claims. Insurance is vital in compensating victims of drunk driving accidents. Key types of coverage include:
- Personal injury protection (PIP): Covers up to $10,000 for medical expenses and lost wages, regardless of fault
- Bodily injury liability (BIL): Covers victims’ damages when the at-fault driver holds this insurance
- Uninsured/underinsured motorist coverage (UM/UIM): Protects you if the at-fault driver lacks sufficient insurance
- Comprehensive and collision coverage: Optional coverages for vehicle damage from accidents or non-collision incidents
When Can You File a Lawsuit in Florida for Drunk Driving Accident Damages?
Even though Florida operates under a no-fault insurance system, in most drunk driving accidents you can still file a traditional lawsuit if needed. However, many of these cases resolve before the filing of a lawsuit. Here are some reasons a lawsuit might be needed:
- The insurance company has made an unsatisfactory offer: Sometimes insurance companies don’t offer what they should and a lawsuit is needed.
- The insurance company is delaying: Sometimes insurance companies improperly delay claims, this could be a reason to file a lawsuit.
- Liability Dispute: Sometimes cases involve an accident where it is in dispute as to who is at-fault. A lawsuit can be helpful in resolving this dispute.
If you have questions regarding whether you can file a personal injury lawsuit for injuries suffered by your drunk driving accident, contact us as soon as possible. Our skilled drunk driving accident lawyers in Lake Mary can investigate your collision and damages to determine whether you are eligible to file a legal claim.
Common Types of Seminole County Drunk Driving Accident Cases Chubb Law Handles
Drunk driving accidents can occur in various ways, each presenting unique challenges and potential damages. Common types of drunk driving accident cases in Seminole County that we handle at Chubb Law include:
- Head-on collisions
- Rear-end collisions
- T-bone collisions
- Pedestrian accidents
- Wrong-way accidents
All drunk driving accidents can cause severe injuries and fatalities. If you are the unfortunate victim of an impaired driver, contact our team today. We will work to get you the compensation you deserve.
Common Causes of Drunk Driving Accidents
Understanding the common causes of drunk driving accidents can help you build a strong case and hold the responsible parties accountable. Common causes include:
- Alcohol impairment: Alcohol impairs judgment, reaction time, and motor skills, making it difficult for drivers to operate their vehicles safely. Even a small amount of alcohol can significantly increase the risk of an accident. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving kills one person every 39 minutes in the U.S.
- Driving under the influence of drugs: In addition to alcohol, illegal and prescription drugs can impair a driver’s ability to operate a vehicle. Drugs can slow reaction times, impair judgment, and cause drowsiness or confusion.
- Speeding: Drunk drivers are more likely to speed or drive recklessly, increasing the likelihood of an accident. Speeding reduces the driver’s ability to react to changes in traffic and increases the severity of collisions.
- Running red lights or stop signs: Impaired drivers may fail to obey traffic signals or stop signs, leading to dangerous collisions with other vehicles, pedestrians, or cyclists.
What to Do After a Drunk Driving Accident
If you are involved in a drunk driving accident, taking the right steps can protect your rights and help you build a strong case. Here is what you should do:
- Seek medical attention: Your health and safety are the top priority. Even if you feel fine, getting checked by a doctor is essential, as some injuries may not be immediately apparent.
- Call the police: Always report the accident to law enforcement. The police report will be an important piece of evidence in your case.
- Gather evidence: If possible, take photos of the accident scene, your injuries, and any damage to vehicles. Collect contact information from witnesses and the other driver.
- Avoid admitting fault: Do not make statements that could be interpreted as admitting fault, even if you feel partially responsible for the accident.
- Contact an attorney: Our Lake Mary drunk driving accident lawyers can help you navigate the legal process, deal with insurance companies, and build a strong case to support your compensation claim.
The Cost of Drunk Driving
financial, emotional, and societal costs. For victims, the costs can include medical bills, lost income, property damage, and emotional trauma. For society, the cost of drunk driving includes law enforcement resources, medical expenses, and the loss of productivity due to injuries and fatalities. NHTSA reports that drunk driving costs the U.S. $68.9 billion each year.
Florida Personal Injury Statute of Limitations
In Florida, you have a limited amount of time to file a personal injury claim after a drunk driving accident. This is known as the statute of limitations. For most personal injury cases, including drunk driving accidents, the statute of limitations is two years from the accident date.
You may lose your right to seek compensation if you do not file your claim within this time frame. It is crucial to consult with our Lake Mary drunk driving accident attorneys as soon as possible to ensure that your claim is filed on time.
Establishing Negligence in a Florida Drunk Driving Accident Case
To win a drunk driving accident case, you must establish that the other driver was negligent. This involves proving the following elements, generally discussed above:
- Duty of care: The drunk driver had a duty to operate their vehicle safely and obey traffic laws.
- Breach of duty: The driver breached their duty of care by driving under the influence of alcohol or drugs.
- Causation: The driver’s breach of duty caused the accident and your injuries.
- Damages: You suffered damages because of the accident.
Comparative Fault in a Drunk Driving Accident Claim
Florida follows a modified comparative fault rule, meaning that you can still recover damages if you are 50% or less at fault for the accident. However, your compensation will be reduced by the percentage of your fault.
Liability in Drunk Driving Accidents
Liability in drunk driving accidents typically falls on the intoxicated driver. However, in some cases, other parties may also be held liable. For example:
- Bars or restaurants: In certain circumstances a bar or restaurant may be held liable for a drunk driving crash under Florida’s dram shop laws.
- Employers: If the drunk driver was acting within the scope of their employment at the time of the accident, their employer may be liable.
Why You Should Choose Chubb Law for Your Drunk Driving Accident Case
At Chubb Law, we understand the devastating impact that a drunk driving accident can have on your life. Our experienced Lake Mary drunk driving accident attorneys are dedicated to helping you recover the compensation you deserve. We promise you these eight things:
- Full-story, free consultation
- 110% effort
- $0 out-of-pocket fees
- Unlimited communication
- Proactive communication
- You call the shots
- Increased offer guarantee
- The “why should I hire an attorney guarantee”
We Answer Your Frequently Asked Questions About Drunk Driving Accidents
What should I do if I suspect the other driver was drunk?
If you suspect the other driver was drunk, try to remain calm and ensure your safety first. Call the police immediately to report the incident and inform them of your suspicions. Provide any evidence you have, such as erratic driving behavior, and let law enforcement handle the situation.
What types of injuries are commonly associated with drunk driving accidents?
Injuries from drunk driving accidents can vary widely but often include traumatic brain injuries, spinal cord injuries, fractures, internal injuries, whiplash, and emotional trauma. The severity of injuries often correlates with the speed and nature of the crash.
What types of penalties does a drunk driver face beyond civil liability?
In addition to civil liability for damages, a drunk driver may face criminal penalties, including fines, license suspension, mandatory DUI education programs, community service, and jail time. Repeat offenders may face harsher penalties.
The Drunk Driving Accident Claim Process in Florida
The process of filing a drunk driving accident claim in Seminole County involves several key steps:
- Filing a claim: We will help you file a claim with your insurance company and the at-fault drivers.
- Investigation: We will investigate the accident, gather evidence, and consult with experts to build a solid case.
- Negotiating a settlement: We will negotiate with the insurance company to secure a fair settlement that compensates you for your losses.
- Filing a lawsuit: If we cannot settle, we may file a lawsuit and take your case to court.
- Trial: If your case goes to trial, both sides will present their evidence, and a judge or jury will decide the outcome.
Building a Strong Case for a Drunk Driving Accident
Building a strong case for a drunk driving accident requires thorough investigation, expert testimony, and strong legal representation. Key elements of a strong case include:
- Police report
- Medical records
- Witness testimony
- Expert testimony
- Breathalyzer or blood test results
- Video footage from surveillance cameras or dashcams
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Contact Chubb Law After Your Drunk Driving Accident
If you or a loved one has been affected by a drunk driving accident in Lake Mary, do not navigate Florida’s legal system alone. At Chubb Law, our dedicated team is here to provide you with the support and legal knowledge you need to pursue justice and compensation.
Contact us today for a free case evaluation to discuss your case and learn how we can help you through this challenging process. Your rights matter, and we are ready to fight for them.
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