Drunk drivers are not automatically liable for Florida car accidents. The person seeking compensation must prove who was at fault for the crash, even if the defendant was arrested for drunk driving.
How to Prove Liability in a FL Car Crash Case
After a car accident, you must convince the insurance company or the court that:
- The other driver owed you a duty of care. All drivers owe other motorists, passengers, and pedestrians a duty of care on the road.
- The other driver breached their duty of care to you. A driver who fails to use reasonable care breaches the duty of care. A drunk driver, for example, is not acting reasonably and breaches the duty of care.
- The other driver’s breach of the duty of care caused your accident injuries. In other words, you would not be injured but for the negligence of the other driver.
- You have a legal right to recover damages. You were hurt, and Florida law allows you to recover compensation for your injuries.
Sometimes more than one driver is at fault for a Florida car crash, and a percentage of fault is assigned to each driver.
Drunk Driving Evidence Is Critical to Your Claim
If you can prove that the other driver was intoxicated and the accident occurred because the driver was drunk, you should recover damages. Your drunk driving personal injury case is separate from a criminal case, and you must present evidence to prove your car accident injury claim.
Before practicing law, attorney Coy H. Browning was a Florida State Trooper. He understands the evidence, how to interpret Florida’s drunk driving laws, and how to prove liability in a drunk driving case.
You do not have to wait for a criminal DUI case to begin your personal injury car accident case. Instead, we encourage you to contact an experienced DUI injury lawyer in the Florida panhandle to schedule a free, no-obligation consultation about your rights and make sure that you are doing everything you can to get the compensation you deserve.