Drunk Driving Accidents
collision can change your life in an instant. Unfortunately, every year a number of people are injured or killed in Florida due to drunk driving accidents. These tragic events can devastate victims and entire families. If you or someone you know was harmed in a crash involving alcohol in the Fort Myers area, you can seek the guidance of an experienced car accident attorney at Lusk, Drasites & Tolisano. We believe in trying to hold drunk drivers responsible for the harm they cause. We understand that this is a difficult time for you and your family, and we will try to resolve your case as efficiently as possible.Holding Drunk Drivers Accountable for an Accident
The National Highway Traffic Safety Administration (NHTSA) reports that 10,322 people were killed in alcohol-impaired driving crashes in 2012. This accounted for almost one-third of all traffic-related deaths in the United States. Statistics released by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) also illustrate how prevalent the problem of drunk driving truly is.
Anyone who decides to get behind the wheel when intoxicated makes a reckless decision that endangers everyone on the road. When a drunk driver causes an accident, he or she likely will be deemed negligent and held liable for any resulting harm. Negligence is the failure to exercise reasonable care while driving, or use the same degree of precaution that a prudent person would use in the same or similar circumstances.
In order to prevail on a negligence claim, the plaintiff must establish the following elements:
- The driver owed the victim a duty to exercise reasonable care while driving;
- The driver breached that duty;
- The victim suffered harm as a direct result of the driver’s breach; and
- Quantifiable damages were incurred.
Every motorist has an obligation to avoid posing foreseeable risks of harm to others who could be affected by his or her conduct. It is extremely unlikely that a prudent person would choose to get behind the wheel while intoxicated, so this probably would be considered a breach of the duty of care. The victim then would need to show that the crash would not have happened if the defendant had not been intoxicated.
Once negligence is established, the plaintiff can assert the right to damages. Determining the exact amount of compensation an individual can receive will vary based on the nature of the injuries. In general, an accident victim can try to recover medical expenses, future medical expenses, lost income and benefits, loss of earning capacity, pain and suffering, property damage, and any other costs arising out of the accident.
It is important to note that personal injury claims must be filed within a certain time frame, known as the statute of limitations. Under Florida law, an individual has four years from the date of an accident to take legal action. If you have lost a loved one due to a drunk driver’s negligence, you have two years from the decedent’s death to bring a wrongful death claim. Failure to file within this time period can bar you from receiving compensation for your harm.Seek Guidance from a Fort Myers Attorney for Your Injury Claim
At Lusk, Drasites & Tolisano, our injury lawyers work vigorously on behalf of drunk driving victims in Fort Myers and the surrounding communities. While we aim to settle every case, we are not afraid to zealously advocate for your rights in the courtroom if necessary. We serve clients throughout Collier and Lee Counties, including in Naples, Cape Coral, and Port Charlotte. To learn more about your rights and options, do not hesitate to call us toll-free at (800) 283-7442 or contact us through our online form today.