Injury attorneys in Florida fight to have evidence of impaired driving introduced at trial

West Palm Beach, FL – Florida has strict laws regarding individuals who choose to drive under the influence. However, in addition to penalties imposed by the state, anyone affected by an accident with an intoxicated driver needs to also file a civil lawsuit with their lawyer if they want to receive compensation. 

The government’s investigation

After a driver is arrested for a crime related to DUI, they may receive a license suspension, fines, probation, and jail time. In terms of a civil lawsuit, the victim will be able to use some of the state’s investigation and similar evidence in their case. The police officers on the scene will have the defendant perform physical exercises, along with a chemical test of breath or blood. Some of this information will likely be presented to prove negligent behavior while driving, which can persuade the jury to rule that the defendant was liable for civil damages as well. 

Civil cases and evidence of illegal activity

Part of the civil lawyer’s task is to make sure as much evidence of negligence and impaired driving is introduced as possible. Before the start of any trial, the lawyers for both sides will have motion hearings to determine what the jury can and cannot hear. Sometimes, the defense will argue that evidence of intoxication is too prejudicial or not relevant based on the rules of evidence, and it should be excluded. However, the plaintiff’s injury attorney will normally argue that the violation of a relevant traffic law goes to a core issue of the case, and it needs to be introduced. A judge has the authority to choose to let the jury hear this information on a case by case basis. 

Damages available to the victim

An injury lawyer for the plaintiff will ultimately be concerned with getting the largest damage award possible for their client. This is how they will be able to pay for things like time they were away from work, a new vehicle, medical treatment, continued doctor’s visits, and any other problems that were directly caused by the other driver. For serious collisions, the sum of damages can easily be thousands or millions of dollars. When intoxicated driving is involved, the judge may also allow the jury to award punitive damages to the victim. These types of damages are meant to punish the defendant for reckless and illegal conduct.  

Finding out if a lawsuit is necessary after an accident

There are attorneys who dedicate their efforts to helping accident victims receive various remedies through the civil courts. Smith and Vanture is an experienced personal injury firm in the West Palm Beach area that is available to consult with local clients and provide guidance. 

Firm contact info:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

smithvanture.com