What damages can I Claim after a Drunk Driving Accident?

A car accident is pretty daunting in itself. Moreover, if it is the case of drunk driving, matters get really tense. When you are the victim of such an accident, it takes a good deal of time for you to regain your peace of mind. Your anger might get out of control on finding that the other driver or party was drunk!

Being injured in a drunk driving accident can be life-altering. You need to hire a professional personal injury attorney. Only he can educate you regarding the legal process and eventually help you win the case with the best possible compensation.

As per the Florida law, you are a victim of a drunk driving accident if the accident causes you loss of any form that demands compensation. Under Florida Statute for victims of DUI crashes, there are certain “allowances” provided for the victims. However, the victim or his lawyer often requires to pursue these allowances he is subjected to!

You must be aware about the multiple ways through which a victim can obtain benefits.  A set of Qualification Requirements has been established by the Florida’s Bureau of Victim Compensation for receipt of funds under its Crimes Compensation Act.

Here are the requirements:

• The reporting of the crime to law enforcement needs to be done within 72 hours.
• It is necessary for the victim to have suffered some form of personal physical injury. There is an automatic reduction in the funds for those who have just suffered psychiatric or psychological injury due to the accident.
• Application needs to be filed within the time period of one year after the crime date. In case a valid cause is shown, the time period might be expanded up to 2 years.
• The victim must cooperate with law enforcement, State Attorney’s Office, and the Attorney General’s Office fully.
• The victim must not have been engaged in any form of unlawful activity at the time of the accident.
• The victim must not be responsible for the accident in any way.

The victim must not have a record of felony conviction.
What are the benefits available to the victim?
You need to meet all the above criteria in order to be proven as the victim. Only then, as per the Bureau you are entitled to the following benefits:
•   Loss of wage
•    Loss of support such as the death of a close relative etc.
•    Disability of any form
•    Expenses related to funeral
•    Expenses pertaining to medical treatments
•    Mental health counseling
•    Compensation for any kind of Property Loss 

However, the truth is that you and your lawyer need to pursue your compensation actively in order to avail all the benefits available under the Florida Law. This specific statute helps to save you a good deal of your medical costs.  

An injury caused due to drunk driving accident might cause you loss of time at work and subsequently loss of high wages. You might have to struggle to pay the bills. When your general bills are added on by your medical expenses, you might lose your sleep at night. So, it is more than essential for you to claim lost wages in a drunk driving accident. This includes future wages If the injuries you suffered leaves you disabled or incapable of functioning properly to provide output to the company, you need to count your future wages as well for compensation. 

You are also entitled to seek damages for pain and suffering caused by such an accident. This involves the physical or mental distress caused due to someone’s death. You need to prove the nature and severity of your injury as well as the prognosis issued by the doctor with the intent to claim such damages.
Out of all the damages claimed, those related to medical expenses is the most common. This is because in most cases, medical expenses can add up at a striking rate into a lump sum. The situation might be the same even when you have medical and auto insurance. You can demand reimbursement for ambulance rides, consultations, medical equipment, physical therapy, in-home medical care and all other expenditures.
What to do just after a drunk driving accident occurs?

•    Dial 911
When you find out you are the victim in the crash, dial 911. Make sure to receive treatment for your injuries instantly, if possible. Police officials soon test the other driver for the accident.

•    Gather contact information
Collect important contact information. It includes the other driver’s name, contact number, address, and details related to insurance. Also, gather relevant info from the witnesses on the scene.  Gather their basic contact information as well since it might come handy later.

•    Gather every possible piece of evidence
Click pictures of the crash scene, the vehicles or vehicles that were involved, and any injuries that you suffered. If there are other pieces of evidence like torn clothing, crashed debris etc., make sure you keep those handy as well.

•    Hire a drunk driving accident attorney
Only the qualified drunk driving attorney has an absolute knowledge on law.  At first, the case might seem to be simple but things might get tense with the progression of the case. So, be on the safe side and get yourself a proper attorney with specialization in this field.

Who is usually responsible for drunk driving accidents?
If the person who apparently caused the accident is found to have a BAC that is higher than the legal limit, you can go ahead in filing a lawsuit against him. You can also file a claim against a restaurant or bar if it is responsible for providing alcohol to the person accused for the accident. 

•    The accused person needs to be Under 21 years of age.
•    The accused need to be someone who is “habitually addicted” to alcohol.

It is pretty difficult to put the blame or a part of blame on the third parties that might actually be liable for the drunk driving accidents.

How to Avoid a Bicycle And Pedestrian Accident In South Florida

In South Florida, most of the pedestrian and bicycle accidents are caused by negligence from a motorist or a driver who is distracted. Crashes into a pedestrian or cyclist are common. Sometimes, drivers are not able to yield at an intersection that leads to accidents. Some accidents occur while passing a runner, pedestrian or driver. Some pedestrians get careless and do not see both ways after a stop sign. Many accidents occur due to an overdose of alcohol or drugs. Some accidents are caused by street defects and vehicle collisions. Some of these collisions take place due to defective parts of the vehicle that do not function or malfunction!

What are the common types of injuries caused by bicycle and pedestrian accidents?

Most of the injuries caused by bicycle and pedestrian accidents can be severe. A worst case scenario is permanent disability!

Usually, wearing a helmet is not required in South Florida. However, most health insurance companies make it compulsory for policyholders to get one. However, wearing a helmet does not guarantee 100% safety! Some of the injuries cannot be prevented due to other larger vehicles being involved.

Some common bike accident injuries include damage to soft tissues head injuries, including skull fractures Traumatic brain injury (TBI) and injuries to the face.

What are some of the safety precautions that can be taken to avoid such accidents?

Drivers as well as pedestrians need to be extra careful. They should be aware of safety precautions. Some of the common safety measures include:

• Wearing a helmet
• Respecting traffic laws
• Avoiding busy roads
• Avoiding distractions like cellphones and listening to music
• Using your turn signals
• Looking carefully before making a turn
• Using bike lights

What precautions should cyclists take?

Cycling has become overly popular in South Florida. Cyclists and drivers need to adjust their driving to heightened traffic. The vehicle speed needs to be lower when there are many bicycle and pedestrians on the road. Thus, drivers need to be more careful. There are certain streets that have been built to accommodate a high volume of traffic. However, some communities do need an update in the coming years.

What to do if injured in a bicycle or pedestrian accident?

 Right after your accident, you must seek medical treatment. Try to know the exact nature of your injuries. This way you can end up getting the right amount of treatment. Also, you can return to normal health in a relatively short period of time. You must know about any future claims that you may have for compensation. Most importantly, you will have to demonstrate that the injuries were a direct outcome of the accident in question. In case you fail to seek treatment, the opposing party's insurance companies might try to defend against your allegations.

Once you get proper medical treatment, try to reach out to an experienced South Florida personal injury lawyer to start preparing your claims. Your lawyeris the right person who can represent your interests in negotiations with the other party. Most importantly, he/she can help you recover the compensation you truly deserve. Usually, insurance companies know exactly what your claim is worth. They will try their best to avoid paying these amounts. Here is when your South Florida personal injury attorney acts as your savior! He/she will ensure that the insurance companies do not take advantage of you at such a crucial time.

When you are a driver, you need to take care of some important things. Here are some of the top safety precautions that drivers or bicyclists should take:

Knowing about Bicyclist and Pedestrian Rights
When you are a driver, you must know about bicyclist and pedestrian rights at the time of sharing the road. Also, you must understand the rights and responsibilities as well as the rules and regulations. Look into the rules that are applicable to bicyclists and pedestrians on the roads. This can help you to predict how cyclists and runners act when out on the road. Also, you learn how to react to bicyclist and pedestrian behavior.

Look into the blind spots
You mustcheckyour blind spots in order to prevent accidents. This is important for any driver. But, many drivers check their blind spots to see other cars only. They should look for pedestrians and cyclists as well!

Be aware and alert
There are some drivers who tend to go on autopilot the moment they approach their homes. They do the same when they lose their focus while driving. This causes great danger to pedestrians and bicyclists alike. While driving, you must remember that you must stay alert at all times. It does not matter how familiar you are with the locality! Also, you must stay awake while driving! Do not drive when you are overly sleepy! Just go for a short nap and then continue driving once the nap is complete.

Take pedestrians’ speed into account
Many car-bicycle accidents occur at intersections. The main cause is drivers’ failure to predict the speed at which a cyclist or runner is traveling. Make sure to err on the side of caution. You must give riders a good deal of time and space.

Do not open your door randomly
You cannot just open your car door into the path of a runner or bicyclist! In case your car is not moving, keep in mind that the door can still block a cyclist’s path. This can pretty much stop them all of a sudden. And, this might cause an accident! Also, it can injure a runner, putting them off balance. When you are a driver, you need to stay alert and aware of your surroundings.

Being a driver, you must check for pedestrians before entering or exiting a driveway. Make sure to wear sunglasses to avoid glare if the sun is reflecting on vehicles. Also, make sure to keep your windshield clean. Being a driver, you must watch for pedestrians coming out from between parked cars.