Injured in a DUI Accident? Here’s How to Prove Fault

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Injured in a DUI Accident? Here’s How to Prove Fault

Injured in a DUI Accident? Here’s How to Prove Fault

by | Dec 19, 2020 | Auto Accidents, Personal Injury

Getting injured in a DUI accident and dealing with recovery can be painful, stressful, and expensive. Make sure you know how to prove fault so you can get the compensation you need and deserve.

Frank and Darrell don’t know each other, but they are about to cross paths in a violent way. Each goes to a separate holiday party where alcohol is served.

It has been a rough year for Frank, so he decides to tie on a few more than he normally would. By the end of the party, he is drunk, though he doesn’t appear so to any other partygoers.

Darrell doesn’t drink, but he still has a good time at his party singing karaoke. At the end of the nigh, Darrell gets into his truck and drives toward home.

He wakes up in the hospital.

Darrell has no memory of the accident that the doctors tell him he had. He later learns that someone named Frank ran a red light and slammed into him, totaling his truck and leaving him with a broken tibia and nerve damage.

He knows he is lucky to be alive, but recovery has just begun, and it’s going to be a tough road to walk.

How to Prove Fault as a Victim of a Drunk Driver

If you find yourself a victim in a DUI accident like Darrell, you need to make sure you get a copy of the police report from the accident. Proving fault in a drunk driving case depends mostly on one thing—proving intoxication.

Under Florida Law, police officers who have reason to believe that a driver is impaired may require a driver to take a BAC test to determine whether their blood alcohol concentration is over the legal limit (.08% in Florida).

To obtain a copy of the police report, your attorney will need to go through the proper law enforcement channels.

Types of Damages You Can Pursue

Regardless of fault—Florida is a no-fault state—you will receive compensation from your personal injury protection (PIP) for your medical bills and lost wages. For expenses that exceed your coverage, you may seek damages from the drunk driver’s insurance or from the drunk driver him- or herself.

The following are some of the damages you (or your loved ones) can pursue:

  • The cost of your medical care
  • Lost wages
  • Pain and suffering
  • Wrongful death

Factors That May Influence Your Compensation

When seeking compensation for injuries from a DUI accident in Florida, there are several factors that can influence how much you are entitled to. Two of the most important factors include:

  • The severity of your injuries
  • Your share in the fault
  • Florida’s dram shop laws

The severity of your injuries may indicate that you should wait to settle, as you may need ongoing or long-term care. If you are determined to be partially at fault, the amount you can get will go down. For instance, if Darrell had been the one to run the red light in the example above, he may have been considered partially at fault even though Frank was intoxicated.

Talk to a DUI Accident Attorney Today

If you were hurt because of a drunk driver, don’t hesitate to contact Pacin Levine Attorneys at Law.

Are you ready to pursue your case? Contact us today and set up an appointment to speak to an attorney. Call us at 1-800-24-7-CRASH or write to us at

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