Does a driver’s BAC influence a DUI accident settlement in Daytona Beach?

Daytona Beach, FL – If you were injured in a DUI accident in Florida, recovering damages is more complicated than in a regular car crash. For minor accidents, drivers in the Sunshine State will use their Personal Injury Protection (PIP) policy to recover most of their medical expenses and lost wages. However, if you were hit by a drunk driver you will have to step outside the no-fault law to sue the guy. To do that, you’ll have to contact good Daytona Beach DUI accident lawyers.

Florida’s DUI laws at a glance

• In Florida, it is illegal to drive a car with a Blood Alcohol Content (BAC) of 0.08% or higher.
• For commercial drivers, the legal limit is 0.04%,
• Drivers under the age of 21 will be charged with DUI if their BAC is 0.02% or higher.
• If a drunk driver causes an accident resulting in property damage or injury, they face up to 1 year in prison. 
• If the accident results in death, the drunk driver will be charged with vehicular manslaughter or homicide. 
• If the driver’s BAC is two or more times above the legal limit they will be charged with aggravated DUI.

How does the driver’s BAC impact the DUI accident settlement?

One of the first things your Florida DUI accident lawyers will want to know is what the driver’s BAC was. 

First of all, the driver’s BAC will determine what they’ll be charged with and how stiff the penalty for that offense is. 

In most cases, your lawyers will tell you to wait for the end of the criminal trial before filing a civil case requesting damages. 

To understand the influence a high BAC will have on the settlement, let’s have a quick look at the type of damages you can recover in a personal injury claim.

Economic damages

These are meant to cover your medical expenses and your lost wages, past and future. These are calculated by simply adding the bills, so the drunk driver’s BAC is irrelevant.

Non-economic damages

These are awarded as compensation for the victim’s pain and suffering, both mental and physical. Your DUI accident lawyers will use your own account of all the suffering your injuries caused you, but they can also call upon your family and close friends to testify. You can talk about the physical pain as well as about losing all enjoyment in life. For instance, if your injuries had you confined to your bed for months, you can describe the anguish of not being able to put your children to sleep or take them to the playground. Your lawyers will make sure to remind the jury that all your suffering was caused by the irresponsible driver’s decision to get blind drunk. 

Punitive damages

These are aimed at punishing the driver, not compensating you, although you’re the one getting the money. BAC is essential here. If the guy was caught with a BAC of 0.24%, three times the legal limit, that’s enough to convince the jury that punitive damages must be awarded. On the other hand, a driver caught with a BAC of barely 0.08% can get the jury to be more sympathetic by arguing he had only one beer and never thought that would be enough to put him over the legal limit.

Under Florida’s law, punitive damages are capped at three times the amount of compensatory damages, or $500,000, whichever is higher. For instance, if your compensatory damages (including both economic and non-economic damages) are set at $1 million, you can get $3 million in punitive damages. 

If you were recently injured in a DUI accident in the Daytona Beach area, schedule a free consultation with a trustworthy lawyer at the Pappas & Russell law firm.

Contact info

Pappas & Russell

Phone: (386) 254-2941

Fax: (386) 238-0350

[email protected]

213 Silver Beach Avenue

Daytona Beach, Florida 32118