Drunk driving accidents are fairly common in Boca Raton. These accidents can be considered as an act of negligence and could leave innocent drivers injured. However, drunk drivers may still be able to recover damages even if they have contributed to the accident. This is determined by a jury who, upon reviewing evidence of the accident, may decide how much of the fault should fall upon the driver, ultimately affecting how much a drunk driver will be able to recover. Contact a dedicated Boca Raton car accident attorney for more information on injured drunk driver claims.
Ability to Recover Damages as a Drunk Driver
If a person is driving drunk and they are solely responsible for causing the accident, they may be unable to recover any money for the accident they caused. However, if they were hit by a car, but were drunk at the time of the collision, the fact that they were drunk does not factor into filing a liability claim.
If the drunk driver’s impairment is found to be more than 50% of the cause of the accident, then they may not be entitled to recover any damages. This means that intersection collisions or other types of car crashes where the drunk driver’s impaired judgment could have played a part in the crash, could not be a proper reasoning to recover damages.
How Does Florida’s Comparative Negligence Laws Affect Claims?
Florida is not a contributory negligence state, it is called a comparative negligence state. If the impairment of the drunk driver caused 25% of the fault to the accident, then their recovery may be reduced by 25%. If the drunk driver was found to contribute to more than 50% of the fault to the accident, they are not entitled to compensation for damages.
Insurance’s and Law Enforcement’s Actions Following a Drunk Driving Crash
Drunk drivers who are found to have contributed a significant amount of fault to an accident may also be looking at criminal prosecution. Their insurance rates may also go up or their insurance company may decide not to renew their coverage with the drunk driver. Criminal prosecutions have no affect on civil claims or vice-versa. However, a guilty finding in a criminal prosecution could be taken into considertation when filing Boca Raton injured drunk driver claims.
When can a Drunk Driver Pursue a Claim in Boca Raton?
A person is able to pursue Boca Raton drunk driving accident claims even though they may have been 95% at fault of the accident. Anyone has a right to pursue an injury claim should they believe that they are entitled to compensation. However, it is up to a jury to decide exactly how much negligence should be assigned to the drunk driver.
Importance of Contacting an Experienced Boca Raton Drunk Driving Attorney
If you are someone who was involved in an auto wreck and you may have also been intoxicated at the time of the accident, consult with an attorney to gain more insight on Boca Raton injured drunk driver claims. An attorney can help you build a claim which could ultimately result in you being awarded compensation for the damages you sustained. Do not wait, get in touch with an experienced drunk driving lawyer today.