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Can I Sue a Drunk Driver?

Can I Sue a Drunk Driver?

According to data from Signal 4 Analytics, over 16,000 car crashes throughout Florida were caused by an impaired driver in 2021. Among these, 14% resulted in a serious injury or fatality. Considering how prevalent the problem of drunk drivers is throughout Florida and the United States as a whole, it's important to understand how these individuals can be held accountable. Here's what you should know.

Pursuing a Claim Against a Drunk Driver

Crashes caused by an impaired driver can potentially lead to more serious implications than other types of crashes. With these, multiple factors may come into play that increase the risk of injuries, like speed, drivers going the wrong way, or the possibility of falling asleep at the wheel.

Because of the debilitating effects that could occur, drivers who become injured by a drunk driver are often able to pursue compensation for current and future medical expenses, lost wages, property damage, and pain and suffering. If the victim were to die from their injuries, their families may also be able to pursue a wrongful death claim.

Can Punitive Damages Be Awarded?

Drunk drivers are held to a high standard in Florida. As such, injured victims may be eligible to pursue both economic and punitive damages against the impaired driver found at fault. This means that the court may hold them accountable for criminal charges as well as the civil action you have taken against them. However, in order to do so, the evidence must meet certain criteria and prove that:

  1. The driver showed a flagrant and reckless disregard for human life/safety.
  2. The driver was indifferent to the consequences of such an action.
  3. The driver had a lack of care in disregarding public safety and welfare.
  4. The driver was recklessly indifferent to the rights of others and intentionally disregarded the law.

This is why it’s crucial to work with a personal injury attorney who has a background in criminal prosecution to ensure your rights are protected.

How Politis & Matovina, P.A. Can Help

Our Port Orange attorneys have decades of experience in successfully handling a variety of personal injury and criminal prosecution matters. At Politis & Matovina, P.A., we take the time to get to know you and your story so that we may better understand how to effectively communicate your case. When you need it most, we are here to help.

Schedule a free consultation with a member of our team by calling (386) 333-6613 or filling out this short form.