Drunk Driving Accident
A person's world as he or she knows it can be changed forever as a result of a Florida Automobile Accident caused by the drunk driving and negligence of another person. In the State of Florida, a motor vehicle is considered a dangerous instrumentality. This concept is especially true when a person under the influence of alcohol, drugs, or both gets behind the wheel. Based in Jacksonville, Florida, car accident attorney David Wolf handles car accident cases including those that involve a drunk or impaired driver. He is AV Preeminent Rated by the Martindale Hubbell Legal Directory and handles cases throughout the State of Florida. David Wolf is well respected by his peers and clients alike. He takes a hands on approach to each case and will be your attorney from sign up to the conclusion of the case.
It is well known that alcohol dulls the senses and reaction time. Some people mistakenly believe that alcohol has no real effect on the ability to drive a vehicle and the ability to avoid a crash. Driving a motor vehicle under the influence of drugs or alcohol is dangerous and illegal. Civil (compensation), administrative (driver's license), and criminal (jail time - prison time - fines) consequences can result when there is a Florida DUI (Driving Under the Influence) Automobile Accident.
The facts surrounding a crash are important but certainly do not amount to the entire case or burden of proof. For instance, let's say that a driver consumed 10 beers and then got behind the wheel of a car. A mile from the bar, the drunk driver crashes into the rear end of another vehicle driven by John Jones. The police arrive on the scene, administer a road sobriety tests, administer a blood alcohol test, and then arrest the impaired driver on the spot. Is this a case that has significant value? Well, it is difficult to impossible to say based on these facts alone. All we know by the aforementioned facts is that there was a crash and that the at-fault driver was arrested for DUI (Driving Under the Influence). There was no mention of medical bills, personal injuries, or medical treatment. As such, without such information, there is no way to determine or estimate the value of the personal injury case OR if there is even any personal injury case to pursue. As you can see, it is important to determine how the crash took place and who was at fault. It is also important to determine the type and extent of the personal injuries suffered as a result of the Florida Automobile AccidentThe pursuit and value of a personal injury case also depend on the injuries sustained and treatment rendered . . .
Let's add some facts to the above example. Let's say that John Jones, the injury victim, sprained his wrist and went to the doctor for a total of 2 visits. A case of this nature would have limited value due to the limited treatment and minor injuries. Let's change the facts. John Jones fractured his leg, required surgery, endured 6 months of physical therapy, and lost his job. The second set of facts would produce a case with more significant value assuming that there is sufficient automobile insurance coverage or assets to pay for or cover such personal injuries. The fact that the crash involved a drunk driver can add value to the case in the form of punitive damages. A Jury can award additional damage to punish the at-fault drunk driver for his careless actions. It should be noted that punitive damages are not typically covered by automobile insurances. As such, punitive damage claims against individuals may be difficult to collect upon if the individual driver lacks sufficient assets to cover a significant verdict or judgment.The prosecution of the DUI driver does not guarantee a financial recovery . . .
Keep in mind that the arrest, prosecution, and conviction of the at-fault driver for criminal DUI (Driving Under the Influence) does not guarantee a settlement of any certain amount for the civil case or insurance claim. The damages or injuries must be established or proved by the preponderance of the evidence by the presentation of medical bills, medical records, reports, testimony, and other evidence. When a person suffers personal injuries as a result of a DUI automobile accident, there are a number of legal issues and challenges for a family to deal with. Legal issues involved with a Florida DUI Automobile Accident case include but are not limited to the following:
Criminal Case. The injury victim and family members are often called upon to testify at a criminal trial or sentencing hearing regarding crash and resulting personal injuries. While the prosecutors ultimately decide whether to try the case or offer a plea bargain, the injury victim and family are often consulted as to their thoughts and wishes as to the criminal prosecution and sentencing of the criminal defendant. A Florida Personal Injury Attorney can help answer any questions about the criminal prosecution and also appear with the injury victim at any hearings or court proceedings regarding the DUI prosecution. Restitution may be awarded for economic damages or bills associated with the personal injuries caused by the Florida Automobile Accident.
Victim of Crimes Compensation Act. The injury victim may qualify for compensation under the Victims of Crimes Compensation Act to the extent that the state has these laws or remedies in place. The injury victim and family should check with the prosecutor's office about this benefit or speak to a Florida Personal Injury Attorney or the victim's advocate connected with the prosecutor's/State Attorney's office.
Civil Case. It should be noted that the civil case or insurance claim on behalf of the injury victim is separate from the criminal proceeding. In most DUI cases, the insurance carrier will admit liability for fault for the accident. The battle lines are drawn regarding the personal injuries. Just because a person is a victim of a drunk driving incident does not mean that the insurance company will pay a lot of money to the injury victim. The value of the case is based on the medical bills, medical records, seriousness of the injuries, need for future care, and a number of other factors.Contact David Wolf for a Free Consultation . . .
David Wolf provides a Free Consultation on all personal injury cases including those related to Drunk Driving Crashes. David Wolf is available Days, Nights, Weekends, and Holidays for a Free Consultation. Contact David Wolf right now and get the answers to your questions and the help that you need. Get D Wolf On Your Side - At Your Side.