When it comes to driving under the influence (DUI) accidents in Florida, serious damages, losses, and injuries are real possibilities. If you’ve suffered in a drunk driving accident caused by an intoxicated driver, you’re probably curious about how to get compensated for your losses.
First and foremost, DUI cases in the state of Florida (as well as all other states) are determined by negligence. Negligence describes a driver who has acted outside the realm of common sense or rules of the road. Acting negligently is grounds to be considered at least partially financially liable for an accident.
Proving that negligence, however, is not always easy — even in DUI cases.
According to Florida DUI law, negligence and fault are typically determined through four elements:
- Duty
- Breach of duty
- Causation
- Damages
Here’s how those elements interact during a DUI personal injury case:
1. Duty
Every Florida driver has a duty to behave responsibly on the road and to obey all of Florida’s road laws. This duty covers the driver’s vehicle operations, driving, and general common sense reactions.
2. Breach of Duty
In order to prove negligence and fault, the duty mentioned above must have been breached in some clear and provable way. In other words, the driver that caused the accident must have committed either a traffic violation, been drinking and driving, or some other offense in order to be held liable for damages.
3. Causation
Causation refers to how the other driver’s breach of duty directly caused your injuries or other damages. In a DUI case, it’s not enough to say that a driver was drunk. You must prove that their drunkenness contributed to their reckless driving, which caused them to collide with your vehicle.
4. Damages
Finally, you or your attorney must also prove that you suffered damages because of the accident. This can be done by submitting your medical records, car damage claims, proof of your lost income from work, etc. The court will use this evidence to decide if compensation is due.
If you’ve suffered from a Florida DUI accident, you may have a right to compensation for what you’ve lost. The experienced car accident attorneys at Lorenzo & Lorenzo understand the ins and outs of negligence in Florida, and can help you understand your rights moving forward with a claim.
Contact us today to schedule a free consultation. We speak Spanish.
