As the saying goes, “accidents happen.” You accept that if you accidentally stub your toe or twist your ankle while playing sports, but what you don’t want to happen is a preventable motor vehicle accident. The vast majority of car accidents could be considered preventable. If the other driver was paying attention and following the traffic laws, they might not have gotten into a collision.
One of the most egregious examples of a preventable accident is a crash caused by a drunk driver. In those incidents, the destruction of your ride and the injuries you have to suffer can be expensive and emotionally draining. Those accidents also demand a remedy. The attorneys at Titan Law are the exact type of experienced Sarasota drunk driving accident lawyers who can help you seek that remedy.
Potential At-Fault Parties Liable for a Drunk Driving Accident
The first step to seeking a remedy for your drunk driving accident is to find out who is responsible. The driver of the car would be at the top of the list. It was their negligent decision to get behind the wheel of their car after consuming enough alcohol to impair their driving.
However, there could be other people or entities who are partly to blame that should also be held accountable. Consider the following potential at-fault parties that could have been involved in your drunk driving accident:
Dram Shop Liability
You might not call it a dram shop, but any bar, pub, or tavern that sells liquor is considered a dram shop. Florida law holds that owner or staff in those establishments “who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.”
A bartender is responsible for cutting someone off when they are clearly getting out of control. At the very least, they should find out how that intoxicated person plans on getting home. If they intend to drive, it should be stopped.
Social Hosts
The theory of the dram law extends to a social host. This would be anyone who throws a party and serves liquor to their guests. If one of those guests gets out of control, the host should have them crash out on the sofa or send them home in an Uber. Failing to do so could put that host in legal jeopardy.
Employers
Employers are responsible for their employees’ actions during designated work hours. That includes someone who decides to have a three-martini business lunch or the trucker who drinks too much on a break and then gets back on the road. If an employee is on the clock and conducting business while driving drunk, the company they work for could be named in the lawsuit.
This is especially relevant with the truck driving scenario. In that situation, the trucking company might have failed in its responsibility to screen its employees properly. Should they hire a trucker with a history of DUIs?
Negligent Entrustment
There is nothing wrong with lending a car to a friend or family member. However, if someone lends that car to a friend or family member who they know is visibly intoxicated at that moment, they could be held liable for their actions. Those keys should not be handed over.
As your Sarasota drunk driving accident lawyer, we will investigate the accident scene and all the events leading up to that incident. Anyone who played a part in causing your injuries should pay for them.
Speak With a Sarasota Drunk Driving Accident Lawyer
DUI Injuries
Injuries caused by a DUI driver can upend your world. They can lead to surgeries, prolonged recovery, pain, emotional distress, and time off from work. In extreme cases, those injuries might challenge your ability to walk, talk, and express yourself. The following are just some of the injuries you might be contending with as the result of a DUI accident:
- Whiplash and Soft Tissue Injuries
- Broken Bones and Fractures
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries
- Internal Injuries
Beyond the physical injuries, an intense DUI accident can also leave the victim dealing with severe emotional and psychological trauma. You could experience a form of post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues. In addition to your physical therapy, you might also require psychological treatment.
Sadly, there are also too many DUI accidents that end in a wrongful death. According to the Florida Highway Safety and Motor Vehicles Administration (FLHSMV), there were 423 alcohol-related confirmed fatalities in the state in 2022. With those accidents, we might advise the surviving family members to file a wrongful death complaint.
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Damages Your Sarasota Drunk Driving Accident Lawer Will Pursue
There are limits to how much your private health insurance will pay. If you go out of pocket for any medical expense related to your accident, you should be compensated for that amount. The following is a checklist we go through with our clients to make sure all their expenses are covered:
- Emergency room visit
- Imaging tests
- Hospitalization
- Surgeries
- Special transportation
- Medications
- Medical devices
- Physical therapy
- Rehabilitation
- Copays
- Deductibles
In addition to your medical expenses, you must also be compensated for the repair of your vehicle and reimbursed for rental cars. If you have to replace your ride, we will work to ensure you receive the maximum value of the car.
If you’ve lost time from work, that is also a compensable damage. You should be paid for your lost wages. What happens if the accident injuries keep you from going back to work? You should get paid for your future earning potential, too.
Get Help From Titan Law Today
The minute you start dealing with insurance companies, your stress and anxiety levels are going to go up. That is not going to do you any good if you’re still recovering from your injuries caused by a drunk driver. We can help. Our attorneys know the lay of the land when it comes to processing insurance claims. We know what is reasonable and what is a lowball offer that needs to be flagged.
If we agree to take on your case, we’ll take over the communications with the insurance company. It is amazing how their responses change when they get a call from an attorney. We need to hear from you before any of that support can start. Call to set up a free case strategy session to see if we can help. You don’t have to go through this alone.
