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If you were injured due to someone else's negligence, you may be entitled to significant compensation. Contact one of our experienced lawyers at (561) 293-2600 for legal advice and representation.
Driving is a part of daily life that many of us take for granted. For most, the act of getting behind the wheel of a vehicle is a safe, normal activity. But the risk of a car accident is always present, and that risk rises dramatically when someone decides to drive drunk.
Unfortunately, many people choose to drive while intoxicated. Some even like to brag that they’re “good” at it. This usually just means that they haven’t caused an accident yet. Each time they choose to get behind the wheel while intoxicated, they’re putting themselves and others at risk, no matter how they choose to look at it.
If you were injured due to a drunk driver, Osborne, Francis & Pettis is here to support you through your recovery. We can represent you in a personal injury claim to obtain compensation for the damages you incurred due to harm caused by a negligent driver. To discuss your case in a free consultation, contact our Orlando office online or at (561) 293-2600.
Every day, 32 people die in drunk driving accidents across the United States. That equates to approximately one person every 45 minutes. In 2020, there were a total of 11,654 fatalities as a result of drunk driving crashes.
Unfortunately, even with these harrowing statistics, some people still don’t understand the dangers. At 0.08% BAC (blood alcohol concentration), drivers lose muscle coordination, experience blurred vision, and have decreased reaction time. Those conditions only worsen as a person becomes more intoxicated.
Intoxicated driving is a form of gross negligence that can lead to severe or fatal injuries. Our team can help you hold negligent drivers responsible for the losses you suffered.
In Florida, like many states, it’s illegal to drive with a BAC of 0.08% or higher. If you’re under 21 years of age, the legal limit is 0.2%. Those who are arrested for drunk driving may receive the following punishments:
On their first offense:
On their second offense:
If your loved one passed away due to fatal injuries in a fatal drunk driving accident, the laws are even harsher. In many cases, the at-fault party will be charged with manslaughter. Manslaughter is a second-degree felony that results in a fine of $10,000 or less and/or 15 years of imprisonment.
Knowing that the person who hurt you or a loved one will be charged for their offenses in some way can offer at least a little piece of mind.
Drunk drivers have blurred vision, trouble following the rules of the road, and a decreased ability to react to changes in traffic. Because intoxication can greatly affect one’s ability to drive, the types of accidents it can cause are endless. However, here are some of the more common accident types drunk drivers may cause.
Because the driver who hit you broke the law by driving while intoxicated, there will be two cases going on simultaneously. One is criminal to determine their penalty, and the other is civil to determine how you’ll be compensated for their wrongdoings.
Because they committed an act of gross negligence, determining liability is much more straightforward. If they were arrested for driving while intoxicated, we can use that documentation to build your case. We’ll be able to show that they were intoxicated when they hit you, making liability pretty cut and dry. We can also cite the breathalyzer and field sobriety tests if they were used.
You can recover both economic and non-economic damages. Economic damages include things like medical bills and lost wages. Non-economic damages are more abstract, meaning pain and suffering, emotional distress, or lost earning capacity.
However, you may also be awarded compensation for punitive damages. Punitive damages are given out as a way to punish the at-fault party further. They’re used when the at-fault party acts with gross negligence. For example, they’d be used in this case to try and prevent the at-fault party from committing the same crime again in the future.
While evidence may seem pretty cut and dry for these cases, insurance companies will still try to deny claims and lowball settlements whenever possible. They may try to claim that your injuries don’t match the accident or that the breathalyzer was inaccurate. Because we have a knowledge of drunk driving law and personal injury law, we can easily counter these claims and ensure that you receive the full compensation that you deserve.
Put simply, hiring a drunk driving accident attorney will help ensure you get the most compensation possible.
We also have great relationships with local law enforcement, hospitals, and treatment facilities, so we can get our hands on police reports, medical records, and bills without much trouble. This also allows us to continuously monitor your treatment progress and more easily determine how much we should ask for from the insurance company.
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
We offer personal injury victims a boutique style experience, while still providing the resources and aggressive legal representation of a large firm.
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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”
“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case. The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
If you or a loved one has been injured because of a drunk driver, it’s time to seek the compensation that you deserve. To learn more about our team or to schedule a free case evaluation, please contact us online or at (561) 293-2600.
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