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If you are the victim of a drunk driving accident, you have clear rights under Florida law. Drunk driving is negligent driving, and this means that drunk drivers can be held fully accountable for the consequences of their actions. An experienced Fort Myers car accident lawyer can help you assert your legal rights—provided that you seek help as soon after your accident as possible.

Here is an overview of your legal rights as the victim of a drunk driving accident in Florida:

You Have the Right to Hold the Drunk Driver Accountable

First and foremost, you have the right to hold the drunk driver accountable. Practically speaking, this may involve filing a claim with the drunk driver’s insurance company. You have a right to make a claim for compensatory damages and punitive damages. 

 In addition to making a claim against the drunk driver’s insurance, you can sue the driver and vehicle owner directly, and you could potentially have a claim against the driver’s employer if he or she was working at the time of the accident. When you hire an experienced Fort Myers car accident lawyer to represent you, your lawyer will assess all options for seeking the financial compensation you deserve.

You Have the Right to Make a Claim Under Your Auto Insurance Coverage

If you have auto insurance, we can help you make a claim with your insurance coverage as well. At a minimum, you should be able to secure payment under your Personal Injury Protection (PIP) policy. If you have uninsured/underinsured motorist (UIM) coverage and the drunk driver does not have Bodily Injury Liability insurance (or the drunk driver’s Bodily Injury Liability coverage is not enough), your lawyer can help you file a UIM claim as well.

Even though filing a UIM claim involves dealing with your own insurance company, you still need to be able to prove that the drunk driver is responsible for the accident. You also need to be able to prove the financial and non-financial costs you have endured (and will continue to endure) as a result of the accident. Practically speaking, filing a UIM claim with your insurance company is similar to filing a Bodily Injury Liability claim under another driver’s policy.

You Might Have the Right to File a “Dram Shop” Claim

If the drunk driver hit you after drinking at a bar or another establishment, you may have a claim under Florida’s “dram shop” law. This law holds bars and other establishments liable for drunk driving accidents in two specific circumstances:

• The establishment “willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age;” or,
• The establishment “knowingly serves a person habitually addicted to the use of any or all alcoholic beverages.”

Your Fort Myers car accident lawyer will be able to assist with determining if you have a dram shop claim for your drunk driving accident. If you do, your lawyer can seek to hold the bar or other establishment fully accountable. This will most likely involve filing an insurance claim as well since most businesses have liability insurance policies that cover these types of claims.

You Might Have the Right to File a “Social Host” Claim

If the drunk driver was drinking at a party or friend’s house instead of at a commercial establishment, Florida’s “social host” liability law may apply instead. This law holds social hosts liable under the same circumstances as Florida’s dram shop law. Here, too, your Fort Myers car accident lawyer will be able to conduct a comprehensive investigation to determine what claim (or claims) you are entitled to file.

You Have the Right to Collect the Evidence You Need

Regardless of the claim (or claims) you are entitled to file, you have the right to collect the evidence you need. Some examples of evidence that might be available in a drunk driving case include:

• Forensic evidence from the crash site
• The drunk driver’s statements at the crash site, via text message, or on social media
• Traffic or surveillance camera footage (including footage from the establishment where the drunk driver was drinking)
• The drunk driver’s receipts, cell phone records, and vehicle GPS data
• Statements from eyewitnesses who either saw the drunk driver being served or witnessed the crash

Again, these are just examples. It is also important to keep in mind that proving the driver was drunk is not necessarily the only way to recover the financial compensation you deserve. If the driver ran a red light, was speeding, or was distracted behind the wheel, these issues (among others) could provide strong grounds to file a claim as well.

You Have the Right to Be Treated Fairly

You have the right to be treated fairly by the insurance companies. Under Florida law, insurance companies have an obligation to process accident victims’ claims in good faith. But, despite this being the case, many insurance companies fight drunk driving accident victims’ claims for financial compensation, and this makes it critical to have an experienced lawyer on your side.

You Have the Right to Experienced Legal Representation

Fortunately, you also have the right to experienced legal representation. You can—and should—hire an experienced lawyer to deal with the insurance companies on your behalf. In addition to gathering the evidence needed to prove liability, your lawyer can also assist with calculating the long-term financial and non-financial costs of the accident, and then your lawyer can fight for just compensation on your behalf. Most law firms (including ours) handle drunk driving cases at no out-of-pocket cost to victims and their families.

Contact Fort Myers Car Accident Lawyer Randall L. Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A.

If you need to know more about your legal rights after a drunk driving accident in Florida, the team at Spivey Law Firm, Personal Injury Attorneys, P.A. encourages you to contact us promptly. We will arrange for you to discuss your case with Fort Myers car accident lawyer Randall L. Spivey in confidence as soon as possible. Call 239-337-7483 or toll-free 888-477-4839, or contact us online at Spiveylaw.com to schedule a free consultation today.