When you’re driving, you may see a lot of dangerous behavior. Unfortunately, though you may do everything in your power to keep yourself and others on the road safe, some drivers do not share the same priorities. As such, you may find yourself as the victim of a drunk driver. If this is the case, it’s imperative to understand the steps you can take to fight for the compensation you deserve. The following blog explores the steps you should take after being involved in a drunk driving accident and how an Orlando drunk driving accident lawyer can help you explore your legal options and fight for the compensation you deserve.
What Should I Do After I’m Struck by a Drunk Driver?
When you are involved in a collision, it’s imperative to understand the steps you should take to best protect yourself. Generally, one of the most important things you should do is assess yourself and your passengers, if any, for injuries. This allows you to call and provide the 911 operator and subsequent first responders with as much information as possible to efficiently help those who sustained injuries. You should also tell the operator that you have reason to believe the other driver is under the influence, as this allows police to adequately assess the situation when they arrive on the scene.
If you are able to, you should take photos and videos of the accident. This can help capture important information regarding the details of the accident, like the extent of the damage, where the vehicles were positioned in relation to one another, and the visible injuries you endured as a result.
How Can I Hold the Driver Liable?
When pursuing compensation against a negligent driver for driving while intoxicated by drugs or alcohol, understanding how this process differs from other accidents is important. Typically, when you are involved in an accident without substances, four elements must be proven to hold the negligent driver liable. However, when alcohol or drugs are involved, your case will shift to negligence per se. This essentially means that the other driver, because they broke a law in place intended to keep others safe, is automatically considered negligent.
To prove negligence per se, you’ll need to show that the defendant violated the law and that violation directly caused your injuries. This is a much lower burden of proof than is required in other instances of accidents as a means of holding drunk drivers liable and helping victims receive justice. Showing the violation can be achieved through a breathalyzer result taken from the scene of the accident.
You should also note that Florida has dram shop laws, meaning that establishments that knowingly continue to serve overly intoxicated individuals can be held liable if they leave and cause an accident. For example, if they were overserved at a bar before the collision, you can also seek compensation from the bar they drank at.
When you are injured due to the negligent decisions of a drunk driver, the road to recovery can be arduous. That’s why it’s in your best interest to connect with the team at Tropical Injury Law Firm. We understand how difficult these issues can be, which is why our firm is ready to fight for you. When you’ve been hurt, our team is ready to fight for the justice you deserve. Contact us today to learn more.
