Drunk drivers cause thousands of preventable car crashes every year in Florida, many of which are fatal. Impaired motorists willfully and recklessly endanger the lives of others. Here at Rick Kolodinsky, P.A., our experienced Florida DUI attorney is committed to fighting for the rights of those whose lives were altered due to drunk driving car accidents.
Drunk driving is a serious offense in Florida. Specifically, Florida DUI laws make it illegal to drive a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher.
However, according to Florida Statutes Section 316.193, a person may be deemed as driving under the influence even when their BAC level is below .08% if impairment affects their “normal faculties” and prevents them from being able to operate a vehicle safely.
While drivers charged with DUI face harsh criminal penalties in Florida, this does not help people who have been injured or died as a result of the drunk driver’s conscious disregard for the safety of others. That’s where Florida DUI attorney Rick Kolodinsky, P.A. comes in: to help victims seek full compensation for their damages.
Under Florida Statutes Section 775.089, a criminal court may order the drunk driver to make restitution to the victim for:
In addition, an injured victim can seek compensation for their damages and losses through their own insurance company. Under the Florida Statutes Section 627.736, Florida is a “no-fault” auto insurance state that requires all motorists to carry Personal Injury Protection (PIP) coverage. So injured victims can turn to their own PIP coverage to recover damages following a car crash regardless of fault.
Beyond the state’s no-fault auto insurance law, an injured victim can file a personal injury lawsuit against the drunk driver if their injury is considered “serious” or their damages and losses exceed the amount of their own PIP coverage – the minimum requirement for auto insurance coverage in Florida being $10,000 in personal injury protection (PIP).
Under the Florida Statutes Section 627.736, your injury meets the definition of a “serious injury” if you suffered:
In some cases, third parties – individuals and entities other than the drunk driver – may bear some responsibility for the drunk driving crash. While the drunk motorist is always the most obvious party to hold responsible for the collision, other parties may also share fault for the DUI accident.
These third-parties include:
Damages that may be available in a drunk driving accident depend on the circumstances of your DUI accident in Florida. However, the most common types of damages that can be recovered in include:
Under the Florida Statutes Section 768.762, an injured victim may be eligible to recover punitive damages when the defendant is guilty of intentional misconduct or gross negligence. While punitive damages are rarely awarded in personal injury cases, a victim of a DUI accident can maximize their potential to recover full compensation, including punitive damages, with the help of a skilled Florida DUI attorney.
You need a DUI accident attorney on your side to: