North Miami Beach Drunk Driving Accident Lawyer

The most commonly discussed marker of being drunk or intoxicated while driving is a motorist's blood-alcohol level. Florida defines driving drunk as having a blood-alcohol level of 0.08 or above. The level comes from either a breath alcohol test (typically referred to as a Breathalyzer) or a blood test.

Not necessarily. While getting someone's blood-alcohol level may be the preferred official method of determining impairment, there are obstacles associated with these tests. Sometimes, depending on the situation surrounding a crash, emergency response teams, Florida Highway Patrol, or police may not administer the test for blood alcohol. In other instances, the test might be given hours after the accident, at a time when the person had naturally processed the alcohol in their system.

Therefore, even though the person may have been drunk and impaired at the time of the crash, negligence or breach of protocol may render test results that are not accurate.

According to the Florida Department of Highway Safety and Motor Vehicles, a person under the influence of alcohol experiences:

• A decreased reaction time: The amount of time that a drunk person takes to respond is longer than someone who isn't drunk. This can translate to a driver not seeing or adequately avoiding an obstruction in the road, pedestrian, or another car.
• Problems with short-term memory: A person who has been drinking may forget where they are, how they got in the car, or where they were beforehand.
• Lessened hand-to-eye coordination: Alcohol even in small amounts affects a person's ability to coordinate movements between their hands or feet and other parts of the body. While driving, this impairment affects all of the actions needed to operate a motor vehicle, like steering the car, pressing the accelerator pedal, brake pedal, changing gears and using the clutch on a car with a manual transmission, and completing actions in the usual way. For example, a drunk driver may not be able to press the brake pedal to stop the car or remember to put the car in park.
• Difficulty concentrating: Operating any type of vehicle requires great focus and alertness to surroundings like other vehicles and traffic lights. Someone who has consumed alcohol can become easily distracted or even oblivious to the task at hand, which is driving the car. Even if the person tries to concentrate, their intoxication prevents them from being able to. With shifted or no focus on driving, a car could crash into other vehicles or surroundings.
• Problems with depth and distance perception: While driving, you must know when you should brake or your distance from a stop sign or traffic light. A drunk driver may have problems judging the proximity of other cars, stoplights, pedestrians, or obstacles. Because of this and their lessened response times, they cause crashes.

Whether a person receives a traffic citation at the time of the accident or not, the person driving drunk is responsible for an accident. The intoxicated party not only decided to consume alcohol but also to get behind the wheel of a car.

Unlike some other states, Florida does not have what is called a “dram shop” provision in the law, which could potentially hold the establishment that served the drunk driver responsible for any accident or damages as a result.

That means that under Florida Code 768.125, “A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage…”

When a drunk person gets into an accident while working, the situation changes. For example, if someone is making deliveries as part of their job function and is using a work truck, but then gets into a crash because they were drinking, that person's employer may also be responsible for the damages and result of the accident.

However, a lawyer who is well versed in these situations of drunk driving accidents in North Miami Beach can help to evaluate questions about liability.

Multiple factors come into play for drunk driving accidents. While the type and extent of injuries play a large role in calculating the amount of compensation someone might expect to receive, other considerations include:

Your Doctor and Hospital Bills - Any person taken to a hospital after a crash will have related medical bills. If your injuries are severe and require a lengthy hospital stay, those bills increase exponentially. After you're released from the hospital, there are also follow-up visits to primary care doctors or specialists. If you need any subsequent surgeries or procedures, those are also incredibly costly.

Your Lost Wages - When an injury sends you to the hospital, you can't work. Some injuries can require longer hospital stays or even staying in a rehabilitation facility after you leave the hospital. During those days, weeks, or even months, you lose wages that you would otherwise have been earning.

If your injury makes you permanently unable to complete your job functions, that is also a factor in determining compensation. Being unable to work means not being able to provide income to sustain you and your family if others are dependent upon your pay.

Your Pain and Suffering - One of the most complex considerations after an accident injury is your pain and discomfort in everyday life. Things that you enjoyed before your injury may be difficult or impossible to complete. This can include activities like playing tennis or acts as simple as walking unassisted down the stairs or around the house.

There are other aspects of pain and suffering that include loss of consortium between a spouse. In addition, if you suffer from emotional or mental anguish as a result of your accident, your mental outlook and quality of life are affected. A lawyer experienced in personal injury can assist in making these kinds of calculations.

Your And The Other Party's Amount of Car Insurance Coverage - Another aspect of calculating compensation for a drunk driving accident in Florida is your and the other driver's auto insurance. Drivers in Florida must meet minimum car insurance requirements to register a vehicle.

Some of the requirements are as follows:

• A minimum of $10,000 in personal injury protection
• A minimum of $10,000 in Property Damage Liability

In addition, a vehicle that is a taxicab or a person who uses their vehicle for commercial driving is required to have higher amounts of these coverages. The amount of insurance determines the total amount of medical bills that the insurance company will cover, thus impacting the number of bills that you're responsible for.

While every accident is different, in general, try to remain calm if you're in an accident.

After that, here is what you can also do:

• Check yourself for injuries and seek medical attention.
• Try to document your feelings and injuries as much as possible and as soon after the accident as possible.
• If you are well enough to, take photos of yourself, the surrounding area of the crash, and the vehicles.
• Get the other person's contact information as well as the information of any witnesses to the crash.
• Contact our drunk driving accident lawyers, as it is never too soon to seek advice for your situation.
• Contact your car insurance company to file a claim.

According to Florida Statutes 95.11, you have four years from the date of the accident to file a claim. Because the paperwork and claims process can be lengthy, it is a good idea to contact your attorney to get started with your claim as soon as possible.

In the case that a family member or loved one dies as a result of an accident, you have only two years to file a claim in Florida. While some situations may delay when the clock starts running for filing paperwork, keep the above guidelines in mind and call our drunk driving accident lawyers today.

The severity of your injuries depends on the type of car you were in, the type of car the other person drove, and if you were a pedestrian or in a car.

Generally speaking, though, injuries from a car crash include:

• Head Injuries: This included concussions, skull fractures, and traumatic brain injuries (TBIs).
• Back and Spinal Cord Injuries: Some back injuries damage discs and nerves, causing loss of body control, partial paralysis, or complete paralysis.
• Whiplash: This is considered a neck injury and occurs when your head moves suddenly back and forward due to the force of a crash.
• Broken Bones: The site and number of broken bones depend on the impact and severity of the accident.
• Organ Damage: This results from the trauma associated with the wreck, punctures or lacerations to organs, or internal injuries or damage that shows up later at the hospital following an accident.
• Internal Bleeding: This can be at the time of the accident or as a result of other injuries.
• Post Traumatic Stress Disorder: If you experience a crash with a drunk driver, you may deal with that trauma in different ways thereafter. Certain activities like driving a car or hearing a car horn may trigger debilitating sensations and emotions as though you are reliving the crash.

The short answer is a lot of things. Attorneys' jobs center around understanding and applying Florida law to various situations. Don't feel tempted to pursue legal action on your own behalf. Meet with our drunk driving accident lawyers because they can evaluate your situation and determine if you have a case.

What's more, you must consider multiple facets of your accident claim. When you try to regain your health and well-being or recover from the unfortunate death of a loved one after an accident, a lawyer can alleviate many burdens and stresses.

Lawyers can also negotiate your case to get the highest level of compensation that you may deserve, especially while navigating Florida's complex laws.