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In: Auto Accidents

Can I Sue the Drunk Driver That Hit Me?

In 2016, there were 5,840 car crashes in Florida due to drug and alcohol impairment, according to the Florida Department of Highway Safety and Motor Vehicles. According to the Centers for Disease Control and Prevention (CDC), approximately one in three traffic deaths in the United States involves a drunk driver. If you have been involved in a car crash involving a drunk driver, it is important to understand your rights and the compensation you are entitled to receive for the injuries you sustained.

Personal injury law protects the injured

Those who have been injured due to another person’s negligence, such as driving while under the influence of alcohol or drugs (DUI), can seek relief under personal injury law. Personal injury law requires that the legal standard of negligence be met, and that the negligent behavior caused the accident which resulted in the injuries. If the driver is convicted of driving under the influence of alcohol or drugs, the conviction demonstrates legal negligence and, as such, can be used in support of your personal injury claim.

Florida comparative negligence for car accidents

Florida follows “pure comparative negligence” laws. What does this mean? Basically, if you sustained injuries as a result of a car accident and your case proceeds to trial, the jury or the judge in your case will determine each party’s level of responsibility for the accident. The damage awards are then reduced by that percentage. For example, if it is determined that you were 20% at fault for the accident, your compensation will be reduced to 80% of the damages.

Time limits for personal injury claims in Florida

All states have legal time limits – statutes of limitation – for filing a civil lawsuit in the court system. In Florida, the statute of limitations for personal injury claims is four years from the date of the accident or injury. If you have been injured in a DUI accident and are contemplating filing a personal injury claim against the drunk driver, it is important to note this deadline: if you do not file your claim within four years of the accident, the Florida courts will not hear your case, nor will you be able to receive any compensation for the injuries that you suffered.

Protecting the rights of those injured in a DUI

Personal injury attorneys at Ged Lawyers, LLP, aggressively fight for the rights of those who have suffered injury in drunk driving accidents, successfully securing just compensation for their injuries. Experienced and knowledgeable of Florida personal injury law, our dedicated team is available to meet with you to discuss your case. Contact our office at 844-443-3529 or online to schedule an appointment with one of our personal injury attorneys.