No matter how much caution you exercise on the road, you can’t always prevent an accident–especially if someone else decides to drive drunk. You might be dealing with life-threatening injuries, depending on the severity of the crash.
You have a few options for seeking compensation for your losses if you were recently involved in a DUI accident here in Rockledge. You don’t have to handle the legal process alone, either. A Rockledge drunk driving accident lawyer from Andrew Pickett Law, PLLC can document your losses and gather evidence to link them to the other party’s negligence.
Drunk Driving Is a Form of Negligence
All Rockledge drivers have a duty of care to act responsibly and keep others safe on the road. Besides being illegal, drunk driving is also negligent behavior. Getting intoxicated inhibits your senses and thinking, making you more prone to lapses in judgment.
A DUI can be used as evidence of negligence in a claim or a lawsuit against the at-fault motorist. The Rockledge drunk driving accident lawyer can help you collect proof of the drunk driver’s fault in the crash, such as dashcam and highway surveillance videos.
As they stay updated on motor vehicle laws, the lawyer can investigate if the driver was negligent in other ways besides their DUI violation. They can also help compile proof of your injuries and property damages to show that you did suffer from the drunk driving accident.
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Using PIP Insurance for Your Rockledge Drunk Driving Accident Losses
According to the Florida Department of Highway Safety and Motor Vehicles, motorists must carry Personal Injury Protection insurance or PIP. It will shoulder your injury expenses regardless of who is at fault for the drunk driving accident.
If your medical condition meets the torts thresholds in Florida Statutes § 627.737, you can proceed with a claim or a lawsuit with the drunk driver.
PIP coverage will not pay for property-related expenses such as car repairs. However, you can file a property damage claim regardless of whether you meet tort thresholds or not.
Third-party DUI Accident Claims and Lawsuits
If you are eligible to file third-party actions, you can file a liability claim with the drunk driver’s auto insurance provider. Liability coverage pays for the victims’ damages if the policyholder causes an accident. However, not all motorists carry this insurance, as it is only mandatory for those who were already convicted of a DUI in the past.
If the drunk driver does not carry enough liability coverage or is uninsured, you would have to file an accident lawsuit instead. The court will decide the amount you can recover from the driver, not the insurance claims adjuster.
Our personal injury lawyer can help you comply with the filing requirements and provide legal representation when facing the insurance provider or going to court.
Complying with Filing Deadlines
Similar to other auto accident actions, you usually have up to four years to file your Rockledge drunk driving accident lawsuit, according to Florida Statutes § 95.11. In addition, if you lost a loved one, you have two years to file a wrongful death lawsuit.
Though a few years may seem like more than enough time to file the case, it would be best to start building it while it is still early. Your suit will automatically get dismissed if you miss the deadline.
Our Rockledge drunk driving accident lawyer can help you comply with this filing requirement by checking for pending tasks in your case. They can also see if any tolling exceptions apply to your situation to determine your time limit. Tolling exceptions are special instances that stop or extend the statute timer.
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Our dedicated team gets to work investigating your claim.
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Please describe what happened. We will review your case for free and work to secure the highest legal compensation possible.
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Beatrice Maxime
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"I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. We ended up going to court and because of Mr. Pickett, we won the case. Thank you so much for all you did for us!!!!"
Damages in a Drunk Driving Accident Settlement
The Rockledge drunk driving accident lawyer can also help estimate your recoverable damages when forming your claim or case. These generally come in two categories:
Economic Damages
These compensate for expenses, such as medical treatments, lost income, and auto repairs. You could also recover funeral costs if a loved one died in a drunk driving accident. PIP only pays for economic damages, particularly your injury-related ones.
The Rockledge drunk driving accident lawyer can help compute your economic damages by compiling your accident-related expenses.
Non-economic Damages
On the other hand, non-economic damages repay you for the intangible costs of the Rockledge drunk driving accident. These include trauma, disabilities, and loss of consortium.
Our Rockledge drunk driving accident attorneys can account for the ways your injuries have affected your day-to-day life and seek compensation for them.
Sharing Fault for a Drunk Driving Accident
Although the other driver may be at more fault for drinking while driving, that does not automatically mean you can receive the full amount they owe you in a third-party claim. Florida’s comparative negligence rules can reduce your recoverable damages if you are also partly liable for the accident.
For example, suppose the drunk driver gets 70 percent liability for the accident. Meanwhile, you are 30 percent at fault for not yielding at a yield sign. That means you will only recover 70 percent of the total damages.
Learn More About Our Rockledge Drunk Driving Attorney During a Free Case Review
Getting involved in a DUI accident can be traumatizing and costly for any victim. However, the office of Andrew Pickett Law understands your situation and is open for consultation if you need legal guidance here in Rockledge. We can also represent you in court after filing third-party actions.
With Attorney Andrew at the helm, our team has worked with injury clients throughout Brevard County since 2009. Call us today!
Meet Andrew Pickett
Dealing with the murky policies of insurance companies designed to confuse and prevent you from receiving compensation is our expertise.
15+ years experience as a personal injury attorney.
Specialized in battling insurance companies.
95% settlement rate for clients.
Handled 500+ personal injury cases.
Collected more than $38 million for clients.
500+ people have chosen
Andrew as their attorney.
