As personal injury attorneys in Spring Hill, FL, our lawyers have seen the devastating impact a drunk driving accident can have on the life of an accident victim. This particular type of car accident often causes accident victims to sustain injuries that result in severe physical impairment, paralysis, or even death, and unfortunately, despite the harsh DUI laws in Florida and multiple national campaigns to raise awareness of the dangerous nature of drunk driving in general, drunk driving accidents are still a major problem both in the state of Florida and throughout the U.S. For example, according to the National Highway Traffic Safety Administration, there were 10,874 people killed in drunk driving accidents nationwide in 2017.
In Florida specifically, there were 5,125 car crashes involving an alcohol impaired driver and/or an alcohol impaired non-motorist according to the Florida Department of Highway Safety and Motor Vehicles, and of the alcohol impaired crashes that occurred in Florida that year, 44 of them occurred right here in Hernando County. As these statistics demonstrate, the chances of you or a loved one being involved in a crash involving a drunk driver are high in Florida. Consequently, there are specific provisions of Florida’s car accident laws regarding impaired drivers that every driver should be aware of, because drunk driving accidents in general are unique from a legal perspective due to the interplay between criminal and civil law that is often a factor in most drunk driving claims.
Drunk Driving Accident Laws in Florida
The vast majority of car accident claims are centered around an accusation of negligence, but proving the elements necessary for negligence takes time and money. Since there is often a finite amount insurance money available, any legal methods that can be used to reduce the amount of legal time and costs in a car accident claim usually results in a higher recovery for the accident victim. Consequently, drunk driving claims are often initiated under the doctrine of “negligence per se” rather than general negligence, because negligence per se can often be easier to prove and allow your drunk driving accident attorney to execute your case in the most cost effective manner possible.
Negligence Per Se in Florida
As you know, drunk driving is illegal in the state of Florida under F.S.§316.193, and although Florida’s drunk driving laws were ultimately enacted to punish drunk drivers and deter citizens from driving while they are under the influence of alcohol, they were also enacted to protect the general public from the damage a drunk driver can cause. This aspect of drunk driving laws in our state is what ultimately gives your attorney the ability to raise a claim of negligence per se.
Pursuant to the Florida Supreme Court’s jury instruction 401.8, “It is “negligence per se” to violate a penal statute or ordinance, not regulating traffic, which was enacted to protect a particular class of persons from a particular injury or type of injury.” This portion of the instruction was based on the court’s holding in deJesus v. Seaboard Coast Line Railroad Co., 281 So.2d 198 (Fla. 1973), but deJesus also indicates that although a violation of a particular penal statute may be negligence per se, it does not mean that the negligence per se is actionable. Meaning, an action that is negligence per se is actionable under deJesus when you can prove that:
- You belong to the class that the statute violated was intended to protect
- You sustained an injury the statute was designed to prevent
- The violation of the statute was the proximate cause of your injury
What can I Receive Compensation for After a Drunk Driving Accident?
As you can see, many of these elements flow organically from a drunk driving accident, but many people are unaware of how a jury will compute an award for damages following a drunk driving accident. There are two broad categories of damages that can be awarded in a personal injury case in general, compensatory damages and punitive damages.
What are Punitive Damages?
Punitive damages are awarded to punish a defendant and deter them from repeating their actions in the future. Pursuant to F.S.§768.72(2), punitive damages may only be awarded if the trier of fact, which is the judge or a jury, finds that the drunk driver was personally guilty of intentional misconduct or gross negligence based on clear and convincing evidence. Clearly, this statute sets a very high standard for being able to successfully obtain an award for punitive damages, but drunk driving can be considered gross negligence in certain cases. Remember, gross negligence is defined under F.S.§768.72(2)(b) as conduct that was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of the people exposed to it. With this definition in mind, it is easy to see how a drunk driver’s actions could rise to the level of gross negligence.
However, the overall value of the punitive damages you could be awarded will depend on the egregiousness of the drunk driver’s conduct, because having to pay punitive damages is ultimately a form of civil punishment.
What are Compensatory Damages?
In contrast, compensatory damages are awarded to compensate you for your injuries and the effect those injuries have on your life overall. There are two categories of compensatory damages, economic and non-economic. Economic damages can usually be demonstrated through hard evidence such as medical bills, expert witness testimony, etc., and are, therefore, easier to quantify than non-economic damages. Some of the common things included in the calculation of an award for economic damages are:
- Past medical bills and expenses
- Future medical care
- Lost wages
- Medication expenses
Non-economic damages, however, are more difficult to calculate, because the jury is tasked with trying to calculate a dollar figure that can compensate you things such as:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
In cases where an accident victim has been permanently disfigured or paralyzed, no dollar amount could compensate you for the long-term effect your injuries will have on your life, and due to this, non-economic damages can often surpass the amount awarded for economic damages. However, as you can see, the value of a case depends on the severity of your injuries, and the effect those injuries will have on your life in the future, which is why your drunk driving accident attorney will not be able to properly project the value of your claim until the severity of your injuries can be fully determined.
Drunk Driving Accident Attorney in Spring Hill
At Peck Law Firm, our drunk driving accidents attorneys are dedicated to representing our clients aggressively and efficiently, and we understand the multitude of obstacles that drunk driving accident victims face every day, which is why we take such pride in defending the rights of our clients and seeking the compensation they deserve for their injuries. So, if you or a loved one has been injured in a drunk driving accident in Brooksville, Withlacoochee, or Spring Hill, FL, contact the drunk driving accident attorneys at Peck Law Firm for a free, confidential consultation today.
