Naples Drunk Driving Accidents
Located in Collier County, Naples has an economy that is based largely on tourism. Attractions in the area include the Naples Pier, the Naples Botanical Gardens, the Naples City Dock, and the Naples Historical Society’s Historic Palm Cottage. While Naples is a pleasant spot for residents and tourists, the unfortunate reality is that drunk driving accidents in the area injure a number of people each year. If you or someone close to you has been hurt in a crash, it is important to seek the help of a skilled Naples drunk driving accident attorney who can assess the details of your situation. At Lusk, Drasites & Tolisano, we can help victims file claims for damages against a drunk driver and any other parties who caused their harm.Seeking Compensation After a Drunk Driving Accident
Under Florida law, driving under the influence (DUI) is legally defined as driving with a blood alcohol content (BAC) of 0.08% or higher. The Centers for Disease Control reports that about one-third of all car accident deaths in the U.S. involve a drunk driver. The National Highway Traffic Safety Administration reports that there were 685 alcohol-impaired driving fatalities in Florida in 2014, for example.
If you were injured in a crash caused by a drunk driver, you may be able to obtain compensation for your harm. As with other automobile accident cases, liability will likely be based on the theory of negligence. This is a failure to exercise reasonable care while driving that ultimately causes an injury or death to someone else. In other words, the defendant must not have used the care that an ordinary person would use in a similar situation. Establishing negligence requires showing certain elements by a preponderance of the evidence. The defendant must have owed the plaintiff a duty of care, the defendant must have breached the duty by getting behind the wheel while under the influence, the defendant’s drunk driving must have led directly to the crash, and the plaintiff must have sustained damages that are not overly speculative.
In some cases, evidence that a driver violated a statute is sufficient to establish that they were negligent. This concept is known as “negligence per se.” In Florida, a statute describes drunk driving as a criminal offense and outlines a corresponding punishment. If the plaintiff can show that the defendant violated this statute, that likely will be considered to be proof of negligence. In this type of case, the plaintiff does not need to show duty and breach but can focus on proving causation and damages.
As an injured plaintiff, you may be able to recover a variety of damages, including medical expenses, lost wages, future loss of earnings, property damage, pain and suffering, rehabilitation costs, and any other expenses stemming from the accident. In cases in which you have lost a loved one due to a drunk driving accident, you may be able to seek wrongful death damages, such as medical expenses prior to death, funeral and burial costs, and loss of companionship.Consult a Drunk Driving Accident Attorney in Naples
If you have been hurt in a DUI crash, you should seek the help of an experienced Naples drunk driving accident lawyer who can guide you through the legal process. At Lusk, Drasites & Tolisano, we can advocate for your rights at every step of the way. We believe in holding negligent parties accountable for the harm that they cause. To explore your options with us, call (800) 283-7442 or contact us through our online form for a free consultation with a car accident attorney.