Being involved in a car accident caused by a drunk driver can be a traumatic and life-altering experience. As experienced Fort Lauderdale drunk driver accident lawyers, we understand the profound impact these accidents have on victims and their families.
The reckless decision of another person to drive under the influence can lead to severe injuries, emotional distress, and significant financial burdens.
Drunk driver accidents in Fort Lauderdale, Florida, often result in devastating injuries, including traumatic brain injuries, spinal cord injuries, broken bones, and more. These incidents not only cause physical harm but also leave victims facing substantial medical expenses, lost wages, and long-term rehabilitation needs.
The emotional toll of such an accident, knowing it was entirely preventable, adds another layer of suffering for the victims.
At Schilling & Silvers Personal Injury & Car Accident Lawyers, we are committed to holding drunk drivers accountable for their actions. Our experienced legal team is dedicated to helping victims of drunk driver accidents in Fort Lauderdale secure the compensation they deserve.
We thoroughly investigate each case, gather crucial evidence, and build a solid legal strategy to advocate for our client’s rights.
If you or a loved one has been injured in a crash caused by a drunk driver, it’s essential to seek legal assistance promptly. Contact us today for a free consultation, and let our experienced drunk driver accident attorneys in Fort Lauderdale, Florida, guide you through obtaining justice and recovering the compensation you need to move forward. Our dedication to fighting for your rights makes us the trusted choice for auto accident cases in Fort Lauderdale.
Drunk driver accidents are a significant concern in Fort Lauderdale and throughout Florida, and understanding the statistics of these incidents is crucial for assisting victims. Florida’s warm weather and attractions draw many visitors, particularly in spring, which unfortunately leads to a spike in drunk driving incidents.
In March 2022 alone, Florida saw 479 alcohol-confirmed crashes, resulting in 41 deaths and 41 serious injuries—a 3% increase from 2021. Broward County, including Fort Lauderdale, experienced 4 alcohol-related fatalities in 2022, down from 12 in 2021 and 18 in 2020, highlighting the ongoing issue.
Florida’s “Never Drive Impaired” campaign, led by the FLHSMV and FHP, focuses on educating the public about the dangers of impaired driving. The campaign, especially in March, stresses the severe consequences of driving under the influence.
Drunk driver accidents often result in severe injuries, extensive medical expenses, lost wages, and long-term rehabilitation needs. Despite strict laws and penalties, such as fines, license revocation, and mandatory DUI education, impaired driving remains a significant threat.
For immediate legal assistance from a skilled Fort Lauderdale drunk driver accident lawyer, reach out to our legal team today. We offer free case evaluations.
If you’re injured by a drunk driver in Fort Lauderdale, Florida, you have the right to seek compensation for your injuries and losses. To take legal action, you need to prove that the driver was at fault, typically based on evidence gathered by the police. However, the at-fault driver or their attorney might challenge this evidence, so hiring a skilled Fort Lauderdale drunk driver accident attorney to conduct an independent investigation is crucial.
Florida’s statute of limitations for filing a lawsuit is two years from the date of the accident for personal injury claims and two years from the date of death for wrongful death claims. Missing this deadline means losing the right to seek compensation.
Victims can claim financial compensation for various accident-related expenses.
This includes immediate costs like emergency medical bills and lost income if you’re unable to work. Long-term expenses, such as ongoing medical treatment, lost future income, and, in wrongful death cases, the financial impact of losing a loved one, can also be covered.
Your attorney will file the lawsuit in the county where the accident occurred, such as Broward County, for a Fort Lauderdale incident. Each case is unique and requires a tailored legal strategy to ensure your rights are protected, and you receive fair compensation.
In Florida, driving under the influence (DUI) of alcohol, chemical substances, or controlled substances is illegal. You can be charged with a DUI if your normal faculties are impaired or if your blood alcohol or breath alcohol level is 0.08 or above.
The penalties for a DUI conviction vary depending on the number of offenses and specific circumstances, like having a high blood alcohol level (0.15 or above) or having a minor in the vehicle. For a first conviction, fines range from $500 to $1,000, with higher fines if your blood alcohol level is 0.15 or higher or if a minor is present. You could face up to 6 months in jail or up to 9 months under those same circumstances.
Additionally, you must perform 50 hours of community service or pay an extra $10 fine per hour of required service. The total period of probation and incarceration will not exceed 1 year, and your license could be suspended for 180 days to 1 year.
For a second conviction, fines increase to $1,000 to $2,000, or $2,000 to $4,000 if your blood alcohol level is 0.15 or higher, or a minor is present. Imprisonment could be up to 9 months or up to 12 months with a high blood alcohol level or a minor.
If the second conviction is within 5 years of the first, there is a mandatory 10-day jail sentence, with at least 48 hours being consecutive. License suspension for a second conviction is at least 5 years if within 5 years of the prior conviction, though you may be eligible for hardship reinstatement after 1 year.
A third conviction carries fines of $2,000 to $5,000, or at least $4,000, with a high blood alcohol level or a minor in the vehicle. You could be imprisoned for up to 12 months, with a mandatory 30-day sentence if the conviction is within 10 years of the prior one, including 48 hours consecutive. Your license will be suspended for at least 10 years if within 10 years of the prior conviction, with potential hardship reinstatement after 2 years.
For a fourth or subsequent conviction, fines start at $2,000, or $4,000 minimum, if your blood alcohol level is 0.15 or higher or if a minor is present. Imprisonment can be up to 5 years, and your license will be permanently revoked, though you might be eligible for hardship reinstatement after 5 years.
Additional Penalties
Other penalties include vehicle impoundment (10 days for the first conviction, 30 days for the second within 5 years, and 90 days for the third within 10 years), mandatory DUI school and possible substance abuse treatment, and the requirement to install an ignition interlock device for certain offenders, typically those with high blood alcohol levels or multiple offenses.
After a DUI arrest, you can be released if you are no longer under the influence, your normal faculties are no longer impaired, your blood alcohol level is below 0.05, or eight hours have passed since your arrest.
If a DUI results in property damage or personal injury, it is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. If serious or catastrophic injury occurs, it is considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
DUI manslaughter is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. If the driver leaves the scene, it becomes a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
Commercial drivers face stricter rules, including a 1-year disqualification for a blood alcohol level of 0.04 or above and permanent disqualification for a second offense or refusal to submit to testing.
For a first conviction, you are eligible for a hardship license after completing DUI school and any required treatment, but you must serve 30 days without a license before applying. For subsequent convictions, eligibility varies but generally requires completion of DUI school and remaining alcohol and drug-free for a specified period.
Refusing to submit to testing results in a one-year license suspension for the first refusal, an 18-month suspension, and a first-degree misdemeanor for the second refusal.
To learn more about Florida laws and your rights after an accident caused by a driver under the influence, contact an experienced Fort Lauderdale drunk driver accident lawyer at Schilling & Silvers Personal Injury & Car Accident Lawyers today. We can answer any questions you may have.
Florida’s dram shop laws make establishments like bars, restaurants, and liquor stores liable if they serve alcohol to a minor or an obviously intoxicated person who then causes harm. These laws are designed to prevent businesses from irresponsibly serving alcohol.
For private individuals, Florida’s social host liability laws generally do not hold hosts responsible for injuries resulting from their guests’ alcohol consumption. However, there is an important exception: if a host serves alcohol to a minor (under 21), they can be held liable for any resulting injuries. Under Florida statute § 856.015, it is a crime to allow underage drinking at a party if the host is aware of it and fails to take steps to prevent it.
In such cases, the host may face both criminal charges and civil liability. Civil liability can be proven under the concept of “negligence per se” if the host violates the statute. Additionally, property owners may be liable for injuries caused by unsafe conditions on their premises unrelated to alcohol consumption.
If you’ve been injured in a car crash due to another driver being under the influence of alcohol, consulting with a knowledgeable drunk driver accident attorney in Fort Lauderdale, Florida, can help determine if you have a valid claim under Florida’s dram shop and social host liability laws.
Drunk driving in Fort Lauderdale leads to severe injuries and tragic losses. At Schilling & Silvers Personal Injury & Car Accident Lawyers, we understand the profound impact these accidents have on victims and their families, from physical pain to emotional trauma and financial hardships.
Our dedicated Fort Lauderdale drunk driver accident lawyers work tirelessly to hold negligent drivers accountable. We navigate the complexities of both personal injury and Workers’ Compensation cases, mainly when accidents occur during job-related duties.
Florida law imposes strict penalties on drunk drivers, but victims must pursue compensation through civil litigation. This process can be overwhelming, especially with defense attorneys aggressively representing the accused.
If you or a loved one has been affected by a drunk driver accident, contact Schilling & Silvers Personal Injury & Car Accident Lawyers promptly. We are committed to securing the justice and compensation you deserve.
Recovering compensation after a crash with a drunk driver in Fort Lauderdale involves proving that the driver’s negligence directly caused the accident and your injuries. To do this effectively, hiring an experienced personal injury attorney who can guide you through the legal process and help you gather the necessary evidence is crucial.
To prove liability in a drunk driver car accident case, you need to collect evidence demonstrating that the driver was impaired at the time of the crash. The most compelling proof is a DUI conviction or arrest. Additional evidence can include:
Proving liability is only part of the process. You must also demonstrate the extent of your losses. Key evidence includes:
While pursuing your claim, be mindful of your social media activity. Insurance companies may scrutinize your posts to find inconsistencies that could undermine your claim. For example, claiming a severe injury but posting photos suggesting otherwise could harm your case.
In Fort Lauderdale, car accident cases involving drunk drivers can often result in higher compensation compared to typical Fort Lauderdale car crash lawsuits. Several factors contribute to these cases’ increased settlement values and jury awards.
Statistics show that the average settlement value for personal injury cases involving drunk drivers tends to be higher than for standard auto accident cases. For instance, the average jury verdict in a drunk driving accident case is around $575,000, while the median jury award is approximately $75,000. These figures are notably higher than those for typical auto tort cases.
The amount of compensation can also be influenced by whether the drunk driver admits fault. If the driver denies liability, evidence of their intoxication can be used to prove fault. This can make a significant difference in the outcome of the case, as showing the driver was drunk at the time of the accident often strengthens the victim’s claim.
However, if the drunk driver admits liability, evidence of their intoxication may not be presented to the jury. There are exceptions, such as cases involving negligent entrustment, where an employer may be held liable if the driver was on the job and under the influence.
Given these nuances, it is crucial to have an experienced attorney who understands how to navigate the complexities of drunk driving cases. At Schilling & Silvers Personal Injury & Car Accident Lawyers, our attorneys are skilled in handling such cases, ensuring that all relevant evidence is used to maximize your compensation.
Understanding the role of a police report in your auto accident case in Fort Lauderdale involves navigating specific legal considerations:
According to Chapter 316, Section 065 of Florida law, drivers involved in accidents resulting in injury, death, or property damage exceeding $500 must promptly report the incident to law enforcement. This requirement often leads to the generation of detailed police reports following accidents.
In Fort Lauderdale, as per Chapter 316, Section 066(4), while the police report itself is generally inadmissible as evidence due to hearsay rules, its contents can be presented through the testimony of the investigating officer or witnesses cited in the report. Although the report cannot be directly entered into evidence, its details can still play a crucial role in your case.
Despite its limitations, the police report remains invaluable for several reasons:
To strengthen your personal injury claim in Fort Lauderdale, our attorneys at Schilling and Silvers utilize admissible evidence, including:
While a police report itself may not be admissible in a Fort Lauderdale courtroom, its contents are foundational for building a robust case. At Schilling and Silvers, we specialize in navigating these legal nuances to ensure that all relevant evidence supports your pursuit of maximum compensation. Contact us today for a consultation to discuss your case and explore your legal options.
When a motor vehicle accident caused by a drunk driver in Fort Lauderdale, Florida, results in a fatality, it raises critical legal considerations under Florida law, particularly in relation to wrongful death claims.
Under the Florida Wrongful Death Act (FWDA), a wrongful death occurs when the negligent or wrongful conduct of another party leads to the death of an individual. This includes incidents where death results from driving under the influence of alcohol. The FWDA allows certain surviving family members of the deceased to pursue compensation for the losses resulting from the death.
In cases involving a drunk driving fatality, eligible family members, such as spouses, children, parents, and other dependents, can file a wrongful death lawsuit. This lawsuit seeks to recover damages (see Florida Statute 768.21) for various losses, including:
Proving liability in a wrongful death case involving a drunk driver typically consists of demonstrating that:
Navigating injuries stemming from an accident caused by a drunk driver requires experienced legal representation. At Schilling & Silvers Personal Injury & Car Accident Lawyers, our legal team specializes in handling these complex cases, ensuring that all legal avenues are pursued to secure the compensation you and your family deserve.
Contact us today for a free case evaluation to discuss your situation and explore the best course of action moving forward.
Locations near Fort Lauderdale which we serve include Coral Springs, Pembroke Pines, Plantation, Pompano Beach, Hialeah, Hollywood, and more.
Our Personal Injury Law Offices
Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
Hialeah, FL Office
2300 W 84th St Ste 213
Hialeah, FL 33016
(954) 712-8877
