Law Offices of Paul K. Schrier, PLLC

What are your rights if you are hit by a drunk driver?

Drunk driving has reached epidemic proportions, and in Florida we see our share of drivers under the influence get behind the wheel. Sadly, thousands of people lose their lives to drunk drivers each year, and countless others suffer debilitating injuries, or loss of property. According to MADD, (Mothers against drunk drivers) In Florida, "driving while drunk" fatalities totaled 797 last year representing 0.27% of all traffic deaths. They also reported that there were more than 30,000 DUI (driving under the influence) arrests (26,000+ convictions) in Florida.

According to the CDC Florida is ranked among the top 10 states with the highest number of DUI-related fatalities. It goes on to report that 2.1% of Floridian residents reported that they drive drunk, compared to the national average, 1.5. These statistics show us that drunk driving in Florida is no small problem.

What should you do If you have been Involved in a Drunk Driving Accident?

If you have been injured by drunk driver, it's important to understand that you have rights. Driving while intoxicated is a reckless act on the part of the driver. You should contact an experienced Miami car accident lawyer to protect your rights.

Call the police and an ambulance to the scene of the accident. Make sure to document every aspect of the accident you can, even take photographs if you are able. Give the investigating officer as much information as possible. Go to the hospital with the ambulance to be "checked out". Often injuries from these types of accidents do not show up immediately. A medical professional will know what to look for. Contact a lawyer right away. He will assist you in speaking with the insurance companies, and make sure you follow the appropriate steps.

The drunk driver most likely will be remanded into custody and taken in to be booked. Often a driver under the influence who has caused an car accident is held without bail, and charged. This is apart from you seeking damages for your loss and injuries.

If you decide to seek damages in a court of law, your attorney will advise you on the best way to proceed.

If you file a personal injury lawsuit, you could be entitled to:

  • Lost wages
  • Medical bills and ongoing medical care
  • Medication and medical apparatus
  • Hospital and emergency room care
  • Home health care
  • Pain and suffering / mental anguish
  • Diminished earning capacity

You can also seek punitive (damages above and beyond other compensation) damages as a penalty or Funeral costs (in the case of wrongful death). Along with seeking damages from the driver, other liabilities like the social host law (when a host at a party serves alcohol, then allows someone to leave under the influence) might apply to your case.

Drunk driving cases can be difficult to win. This is especially the case if the driver was uninsured or under insured. Your best bet to win and collect your money is to have an experienced and caring lawyer at your side when you walk in to court. Please call Paul K. Schrier, PLLC if you have the misfortune of being the victim of a drunk driver. We are on your side. We want to help you get the money that you are due under the law.

Remember, we will never charge you money up front. You only owe our attorney fees when we win your case.

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  • $3.1 million

    Recovered for a client in a Commercial Truck Collision case in Jacksonville.

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