Drunk driving is still a huge problem in Florida, even with the stringent measures to curb it. The law holds all road users to high standards; therefore, you can sue the at-fault driver for injuries and property damages caused by their reckless behavior.
How to know the other driver was drunk
The other driver could be intoxicated if they show one or more of the following signs:
• The smell of alcohol on their breath
• Slurred speech
• Bloodshot eyes
• An inability to produce a valid driver’s license or insurance card
After motor vehicle accidents, it’s common to find some drunk drivers attempting to conceal intoxication. They can do this using breath spray, eye drops, mouthwash or by hiding alcohol containers or drug paraphernalia. Others might even go as far as switching seats with someone else in the car before they open the door. You should try to capture as many details about the other driver as possible to support your claim.
Actions you should take
If you are involved in an accident with a drunk driver, the first thing you should do is call the police. It’s important to get law enforcement on the scene to investigate and file a report. This will help to solidify your case against the at-fault driver. It would also be more advantageous for you if you had pictures and videos of the scene and witness reports and their contact information as part of your evidence.
In addition, you should seek medical attention for your injuries as soon as possible. Even if you don’t think they are serious, it’s always best to get checked out by a doctor. Some injuries, such as whiplash, can take days or weeks to manifest.
Of course, the other driver being drunk is wrong and is most likely to be blamed for the accident. However, you should remember that Florida courts use comparative negligence when awarding damages. Thus, if the judge finds you to be even partially at fault for the accident, your damages will be reduced by that percentage. For example, if you were to be awarded $100,000 in damages but the court finds that you were 20% at fault by, let’s say, texting at the red light stop, you would only receive $80,000.
