The holidays are a festive time to gather with family, raise your glasses to a toast, and have a good time. Unfortunately, many people get behind the wheel after they have too much to drink. In fact, statistics show that accidents rates are often higher around the holidays. If you or a loved one has been injured by a drunk driver, it is important to seek the help of a Miami injury attorney who can help you obtain the justice and compensation you deserve for your harm.
Driving under the influence of alcohol is illegal. This does not mean you cannot have a drink, but it means that you cannot be over the legal limit when you drive. Under Florida law, an individual with a blood alcohol concentration (BAC) of .08 or above is not permitted to drive. Even driving when you feel slightly “buzzed” can create distracted and dangerous driving conditions.
Florida compiles information regarding injuries and deaths during six major holiday periods: New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
According to Florida Traffic Crash Statistics, New Year’s Day 2009 experienced the highest fatality rate per hour with 34 people killed in the 96-hour holiday period, and 56 percent of these fatalities involved alcohol.
Mothers Against Drunk Driving (MADD) reports that 52 percent of all traffic fatalities in the U.S. on New Year’s Eve or Day will be because of alcohol. The Centers for Disease Control and Prevention (CDC) found that approximately 25,000 traffic injuries will be due to alcohol consumption around the holidays.
If a drunk driver has harmed you or a loved one over the holidays, you can take legal action against the at-fault party by filing a negligence lawsuit. Negligence is the failure to use the reasonable level of care that a prudent person would use in the same or similar circumstances. In order to establish negligence, you must demonstrate that the driver owed you a duty of care, the driver breached that duty of care, you were hurt as a result, and you incurred quantifiable damages. A personal injury claim of this nature must be filed within four years from the date of the accident.
If the defendant’s negligence is established, the plaintiff will be entitled to receive damages. Depending on the nature and severity of the accident, the plaintiff will typically be able to obtain compensation for medical expenses, therapy costs, rehabilitation bills, pain and suffering, lost income and benefits, property damage, and more. The compensation may be obtained through a settlement or a lawsuit. It can be paid in a lump sum, or it can be paid in installments over time. These are details you and your attorney can discuss based on your specific situation.
At the Law Offices of Robert Dixon, our Miami car accident attorneys understand the devastating accidents that take place due to drunk driving. We believe in holding negligent parties responsible for their actions. We will work meticulously on your case to protect your rights at each step of the way. We serve clients throughout South Florida. For more information, call us at 1-877-499-HURT (4878) or contact us online.
More Blog Posts:
Parking Lot Accidents in Florida, South Florida Injury Lawyer Blawg, December 9, 2015
Ordinary Negligence vs. Medical Negligence in Florida, South Florida Injury Lawyer Blawg, December 9, 2015
Information of Subsequent Accident Admissible in Florida Car Wreck Case, South Florida Injury Lawyer Blawg, December 9, 2015