What can I do to punish a drunk driver who hit me while I was riding a bicycle in Daytona Beach Florida?
The general duty of care that drivers are required to observe while on the roads extends not only to other cars, but also others on or around the streets such as bicyclists and pedestrians, and even property. Any incident where a driver causes damage and injuries to people, vehicles, or structures can possibly result in a lawsuit.
A serious accident in the Daytona Beach area involved a bicyclist who was killed by a drunk driver.
Cyclist killed by a drunk driver near Daytona Beach
A bicyclist was riding on the Southbound shoulder of Ridgewood Ave in Holly Hill just outside of Daytona Beach. There was a car traveling up the outside lane towards the driver at a high rate of speed. Based on surveillance obtained from a nearby Auto Masters store, police believe the driver continued at a high rate of speed until he hit the man on the bicycle while he was changing lanes at some point further up the road. The man was ejected off of the bicycle and his body landed on the road. After being taken to Halifax Health Medical Center, he was pronounced dead a short time later.
When the police stopped the driver, they noticed he had an odor of alcohol on his breath, bloodshot watery eyes, and slurred speech. He also admitted to consuming several beers earlier. Based on this information, the police began the process to start a DUI investigation. At the time the story was reported, the results of the investigation were still pending and no criminal charges had been filed yet.
A lawsuit against the drunk driver
The local police and state attorney will try to criminally prosecute the driver after their investigation. In many cases the victim may be asked to provide testimony or other details about the event to help the state prove its case. The victim can also be contacted to give input regarding punishment in the form of a sentence or plea deal. However, if the victim wants to be compensated for things like medical bills, funeral expenses, lost wages, or hospitalization, a civil lawsuit is still necessary.
In situations such as this a bicyclist can file a lawsuit against the driver to pay for injuries and various other kinds of harm. In fatal accidents, the family of the victim can also file a wrongful death lawsuit against the driver responsible, in order to recover funeral expenses, along with the value of the deceased person’s future lost wages and other services.
The process for beginning a case against a driver for injuring a cyclist or anyone else is not really much different from a lawsuit that only deals with car accidents. The plaintiff’s lawyer will still have to argue that the breach of the relevant duty of care on the roads caused injuries or death to the victim. The defendant will also have their own lawyer who will try to have their client acquitted and defend them against any accusations.
Start the process to be compensated for an accident today
If you have been hurt by a drunk driver while on a bicycle, walking, or driving a car, an experienced accident lawyer can handle any of these situations on your behalf. The attorneys at Pappas and Russell offer free consultations to people in the Daytona Beach area who have been injured in various kinds of accidents.
