Injuries caused by a drunk driver- Hit by a drunk driver while driving car, riding motorcycle, riding moped, or bicycle, or hit while walking.
You or a passenger are injured because you were hit by a drunk driver in Orlando, Brevard, Volusia, Osceola or Seminole County or somewhere in the State of Florida . . . A drunk driver hit you while you were driving your car, riding your motorcycle, moped or bicycle, or hit you while you were walking.
What should you do?
Call me, Heiko G. Moenckmeier Esq., an experienced personal injury attorney, at (407) 504-1384 for a free, no obligation, no risk consultation to find out if the drunk driver is liable for your injuries and you are entitled to a financial settlement.
What should you do on scene?
For the purposes of this article, we’ll assume you were injured and don’t even know that the person who hit you was drunk- how is that found out? Well, if the other driver stays on scene and the police come, it is (assumed/hopeful) that the officers would investigate into the sobriety of the driver, and if the other driver is arrested… for DUI… we will find that out quickly during the investigatory stage of the case. Obviously, a criminal conviction down the road would help the case.
If you suffered injury but can still move, wait for the ambulance to arrive. You have no obligation to engage with the other driver. If both parties feel that they can engage, than you can.
I would say that the most important thing one can do is get the license plate and as good of a description of the driver of the other car as possible, in case they freak out (due to alcohol, drugs, fear or any combination thereof) and take off. Your phone camera/videotape will be a lifesaver in this situation.
As always, please see medical personnel within 14 days of your incident to preserve your $10000 PIP coverage from your insurer.
What You Should Know
According to the Florida Department of Highway Safety and Motor Vehicles, in Florida there were 508 Alcohol confirmed fatalities in 2015, a 10.8% increase over the previous year. If you or a loved one is injured or killed by a drunk driver, you have the right to pursue compensation from the driver. However, a civil claim is the only way you can recover compensation, or damages, from another driver.
There are two types of damages that can be recovered through a civil claim. Special damages are meant to reimburse you for out-of-pocket expenses, such as medical bills, lost wages and other economic losses. General damages are intended to compensate you for physical and mental pain and suffering, and other more subjective kinds of effects resulting from the accident and your injuries. Under certain circumstances, you also might be entitled to punitive damages which are meant to punish the drunk driver for reckless behavior and discourage similar behavior in the future.
The drunk driver’s insurance company will likely contact you to offer a financial settlement to quickly resolve any claim you might have against the driver. However, the insurance company will want to pay as little as possible as quickly as possible, and will likely ask you to sign a release of liability form after agreeing to the settlement amount and barring you from any further injury claims pertaining to the incident no matter how severe. It is important to know that the insurance company is not working for you and will not have your best interests in mind. Your best course of action is never sign any settlement papers without first talking to an experienced personal injury attorney. Since you’re reading this, you can just call us at 407.504.1384 to discuss this with drunk driver liability attorney Heiko Moenckmeier.
If the other driver has been convicted of, or pleaded guilty to, driving under the influence (DUI), your leverage for seeking a settlement increases because they will want to avoid a lawsuit. The other driver’s insurance company would rather not resolve the matter in front of a judge and jury, since both will likely be sympathetic to a plaintiff who was injured by a convicted drunk driver.
You also need to be aware that Florida has “no fault” car insurance and accident compensation laws. This means you’ll have to file a claim with your own insurance, under personal injury protection (PIP) coverage, for financial compensation for medical expenses resulting from your injuries suffered during the accident. However, if you or a loved one’s injuries are severe or permanent, you can file a claim or lawsuit against the other driver.
Make the Call for Experienced Legal Help
If you are injured when your car is hit by a drunk driver, call me, Heiko G. Moenckmeier Esq., an experienced attorney, at (407) 504-1384 as soon as you can for a free, no obligation, no risk consultation to find out what your rights are and what your next steps will be.
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