Drunk Driving Accident in Jacksonville
If you’ve been injured in a Jacksonville car accident involving a drunk driver, your car accident attorney can help you get the drunk driver to pay for your medical costs and compensate you for wages lost while recovering from the injuries. According to automobile accident law, you can also get compensated for damage to your vehicle and for pain you suffer.
According to the National Highway Transportation & Safety Administration, more than 400 car accident deaths involving a drunk driver occurred in 2008. About 77% of those accidents involved a severely impaired driver whose Blood Alcohol Concentration was more than 0.15%. In addition to being illegal, driving under the influence of alcohol (DUI) is a negligent act and makes the driver liable for damage and injuries caused in a crash. If a drunk driver injured you in a car accident, a Jacksonville car accident lawyer can help you get compensated for your expenses and suffering related to the accident.
If the the drunk driver who injured you is convicted of DUI you will be entitled to not only compensatory damages but also punitive damages. Attorney Brett hastings uses his background as a former DUI prosecutor to ensure that his clients who are injured by drunk drivers are not only compensated for their injuries but that drunk drivers are also punished civilly for their actions.
Jacksonville Car Accident Lawyer Brett Hastings Puts Experts to Work for You
The car accident attorney you select to represent you in a drunk driving accident case should have the experience and resources to ensure the best results possible. Do you want all your medical bills paid or only a few? An attorney with experience and resources like Brett Hastings, who is a former prosecutor of DUI (driving under the influence) offenders and has a full team of experts and investigators at his fingertips, can secure the evidence and testimonies necessary to get you the best award possible.
Injuries from a drunk driving accident can result in pain, suffering and medical expenses for many years to come. Sometimes those injuries will last you the rest of your life. Hiring the wrong lawyer could lead to years of frustrating expenses and struggling to deal with your injuries. Jacksonville car accident lawyer Brett Hastings has handled accident injury cases since 1999, including many involving drunk drivers. He understands the future value of your injuries. Each case is handled personally by Mr. Hastings, not delegated to assistants and paralegals. Plus, every expert brought in to help with your case is someone Mr. Hastings and his firm has dealt with personally and found to be trustworthy and reliable.
Free Consultation About Your Drunk Driving-related Injury in a Jacksonville Car Accident
Florida’s automobile accident law gives drunk driving accident victims the right to sue for medical costs, damages and suffering. Car accident attorney Brett Hastings will be happy to talk with you about your case for free and help you determine whether a lawsuit will benefit you: Schedule a free consultation about your Jacksonville car accident with Brett Hastings.
Or call Brett Hastings at 904-247-4400.
Frequently Asked Questions
Can I sue a drunk driver if they are also facing criminal DUI charges in Florida?
Yes. The criminal DUI case and your civil injury claim are separate matters. The criminal case is the State of Florida prosecuting the driver and can result in penalties like jail, fines, or license loss. Your civil claim is brought by you to recover money for medical bills, lost wages, and pain and suffering. One does not replace the other, and both can proceed at the same time.
Is criminal restitution the same as filing a civil injury claim?
No. Restitution may be ordered by the criminal court to repay certain documented losses, but it is often limited and does not fully address pain and suffering or future damages. A civil claim is a separate process where you can seek broader compensation for the full harm caused. Many victims pursue a civil claim even when restitution is ordered, because the two serve different purposes.
Can I recover punitive damages from a drunk driver in Florida?
Possibly. Florida law allows punitive damages in cases involving intentional misconduct or gross negligence, and driving under the influence can support such a claim when the facts justify it. Punitive damages are meant to punish and deter especially dangerous conduct, separate from compensation for your losses. Whether they apply depends on the specific evidence, so an attorney can review whether your case may qualify.
Can a bar or restaurant be held responsible for serving the drunk driver?
Florida limits this. Under the state’s dram shop rule, a vendor generally is not liable simply for selling alcohol to an adult. Liability can arise in narrower situations, such as serving someone known to be habitually addicted to alcohol or willfully serving a minor. These claims are fact-specific and difficult, so it is important to have an attorney evaluate whether a third party may share responsibility.
How long do I have to file a drunk driving injury lawsuit in Florida?
For most negligence injury claims in Florida, the deadline is two years from the date of injury. This changed in 2023, so older information may list four years. If the crash resulted in a death, a wrongful death claim generally must also be filed within two years. Deadlines have exceptions, and missing one can bar your case, so it is wise to speak with an attorney promptly.
What if I was partly at fault for the crash?
Florida uses modified comparative negligence. Your compensation can be reduced by your share of fault, and if you are found more than 50 percent at fault, you cannot recover damages. In a drunk driving case the impaired driver is often primarily responsible, but fault is decided on the evidence. An attorney can assess how comparative fault may affect your specific situation.
Will my own PIP insurance cover a drunk driving crash, and can I still sue?
Florida is a no-fault state, so your own Personal Injury Protection (PIP) coverage, typically up to $10,000, pays initial medical bills and some lost wages regardless of who caused the crash. To pursue the at-fault drunk driver for pain and suffering, your injuries generally must meet Florida’s serious injury threshold. An attorney can review whether your injuries likely qualify you to step outside the no-fault system.