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If you’ve been injured in a car accident in which the person responsible for the accident was “impaired” (but not actually intoxicated), then you may still be entitled to compensation under Florida law.  In fact, Florida provides an alternative route to liability for plaintiffs who can establish that the defendant-driver was functionally impaired, even if they did not violate the legal limits.

Intoxication is “Automatic” Liability

In Florida, DUI laws prohibit the operation of a vehicle if the driver in question:

1. Has a blood-alcohol concentration (BAC) of at least 0.08; or
2. Was doing so while impaired due to the influence of alcohol, drugs, and/or controlled substances.

For example, if the defendant-driver who caused your injuries had been drinking alcohol at the time of the accident, then you need only show that they had a minimum BAC of 0.08 to establish liability (or 0.04 for commercial drivers).  Proving impairment is irrelevant when the defendant’s BAC is above the legal limit.  This makes it easier to successfully litigate an accident claim, however, it is not the only way to achieve success.

Functional impairment — with respect to the operation of the vehicle at issue — can also lead to an actionable claim even if the defendant-driver had a BAC below the legal limit.  It is worth noting, however, that proving such impairment will require a comprehensive factual investigation.

The Driving Impairment Analysis

In Florida, a defendant-driver can be found liable if they were operating a vehicle while their “normal faculties” were impaired.  Without the aid of a BAC violation, impairment is a circumstantial question. You will have to show that the driver in question could not (under the circumstances) safely operate their vehicle due to the influence of alcohol, chemical substances, or controlled substances.

How does this work?

Suppose that you are injured in a car accident and further investigation reveals that the driver fell asleep at the wheel.  You discover that they were under the influence of powerful pain medications that were given for back problems, and those medications significantly impaired their ability to safely operate a vehicle.  As the defendant-driver was under the knowing influence of harmful chemical substances that directly contributed to the accident in question, you could, presumably, sue and recover damages.

Contact a Fort Myers Car Accident Lawyer for Immediate Legal Assistance

Attorney Randall Spivey has decades of experience serving the interests of those who have been injured in motor vehicle accidents, including accidents that involve an intoxicated or otherwise impaired driver.  Time and time again, we have helped plaintiffs overcome the challenges that they routinely encounter in the wake of an accident, from identifying and securing adequate treatment to obtaining the compensation they need to cover their losses.

Simply put, our case philosophy is to litigate aggressively when the situation calls for it and to negotiate from a position of strength.  Our willingness and ability to take a case to trial affords our clients a substantial competitive advantage.

Curious about your claims and next steps?  Call us at 239-337-7483 or complete an online intake form on our website to schedule a free and confidential consultation with an experienced Fort Myers car accident lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. today.