Does an accident victim have to prove intoxication to sue a drunk driver in Coconut Creek?

Coconut Creek, FL – When a driver is injured by an intoxicated motorist, the results can be devastating. The victim will likely need medical treatment, have to pay for damage to their vehicle, and possibly miss time from work. Depending on the specifics of their insurance policy, some or all of this damage may not be covered. It is important for victims to get assistance from an attorney after contacting their insurance company, as they may need to file a civil lawsuit against the person responsible if they expect to be compensated. 

Will the victim need evidence of the other driver’s intoxication?

A drunk driver can still be found to be negligent in a civil lawsuit, regardless of whether there is any proof of intoxication presented during the civil trial or settlement negotiations. In the civil case, the issue is whether the defendant was at fault for the crash due to a breach of the standard duty of care. The state will need to prove intoxication if they want to prosecute the driver for DUI, although this is handled separately from the civil case and does not affect the outcome. It is also the responsibility of the police to conduct the accident investigation and obtain any observational or chemical evidence of the driver’s intoxication. The driver can be sued in civil court even if they are found not guilty or their chemical test reveals a blood alcohol content lower than the legal limit. 

The process of a lawsuit against the drunk driver

The victim’s own observations along with evidence collected by the police for the purposes of the accident report will be important to help prove negligence. The plaintiff’s main goal is to prove that the defendant’s deviation from the standard of care on the roads was the cause of the accident. This can be shown through things like reckless driving, intoxication, or other traffic infractions. They will also need to provide evidence of damages and losses such as medical records, property repair estimates, and lost income and wages.  

There will likely be settlement negotiations, as a full trial in court is rare in accident lawsuits. If there is evidence of intoxicated driving or other traffic infractions, this is very beneficial to the plaintiff, as it will likely be sufficient to prove fault. The size of the settlement will be based on the specific losses that the victim can prove were due to the accident. 

Help from an injury attorney in Florida

The Law Offices of Jeffrey A. Rosenberg can assist victims of drunk drivers and file other kinds of injury lawsuits in the Coconut Creek area. Anyone who needs assistance from a local attorney can contact the office for more information. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com