The bodyguard reportedly fled the scene of the accident after his Chevy Tahoe crashed into a police cruiser. The bodyguard refused to take a Breathalyzer test and was subsequently taken into custody. The Miami Herald reports that this bodyguard has a record of criminal misconduct. For example, he was arrested twice for disorderly conduct.

Unfortunately, serious auto accidents involving intoxicated drivers is a common occurrence in Florida, and across the country. For example, the Centers for Disease Control and Prevention reports that more than two percent of people surveyed in Florida admit to driving after consuming too much alcohol. Nationally, just under two percent admit taking the same risk.

According to the National Highway Traffic Safety Administration, someone is seriously injured in a drunk driving accident every 90 seconds. Over 600,000 people were killed in drunk driving accidents in 2014, which equates to a one deadly car accident every 53 minutes.

What To Do If You are Hit by a Drunk Driver in Miami

If you or a family member was involved in a collision with an intoxicated driver, you have the right to pursue financial restitution for your harms and losses, which can be quite extensive in a car wreck. Many car accident victims wind up suffering debilitating injuries such as:

• Brain trauma or head wounds
• Spinal cord damage
• Broken bones
• Torn muscles and ligaments
• Lost limbs

These injuries can result in significant medical bills, time missed from work, and other damages.

This is why you can pursue financial compensation for the following harms and losses:

• Medical bills, including the immediate care you received after the collision at an ER, the ambulance bill, prescription medication costs, physical therapy, surgery, etc.
• Lost wages and future wages
• Damages for pain, suffering and mental anguish

Drunk Driving Accident May Make Punitive Damages Available

When someone causes a serious accident as a result of being intoxicated, it may be possible to pursue punitive damages against the intoxicated driver. You may be asking yourself, “what are punitive damages?” Well, they are basically money damages designed to punish the wrongdoer.

In most cases, punitive damages are not pursued because there is a higher evidentiary burden and there is a statutory cap on damages. However, in the context of a drunk driving auto accident, the restrictions and limitations associated with a punitive damage award are not applicable, according to Florida Statute 768.736.

Contact a Miami Drunk Driving Accident Injury Lawyer Today

As you can see, when you or a family member is injured by a drunk driver, you have legal options and may be able to obtain compensation above and beyond what is typically awarded in other personal injury cases. To learn more about your legal options, contact the Miami drunk driving car accident injury lawyers at the office of Alan Goldfarb, P.A. to schedule a free consultation.

Resource:

miamiherald.com/news/local/community/miami-dade/west-kendall/article187265848.html

An intoxicated driver operating a Hyundai Sonata crashed into a Toyota being driven by a 20-year-old man and carrying a passenger. The driver of the Toyota died at the scene while the passenger had to be transported to Kendall Regional Medical Center for treatment of his injuries, according to ABC 10 News.

Deepest condolences go out to the friends and family of the victim who lost his life in this preventable car crash.

Each and every year, thousands of Floridians are injured or lose their lives in alcohol-related automobile collisions. For example, there were over 16,800 automobile accidents in Florida in 2014 involving at least one driver under the influence of alcohol. Of those 16,000+ car accidents, more than 11,000 people suffered injuries and over 800 people died, according to the National Highway Traffic Safety Administration.

Drunk driving is not a problem relegated to Florida. Across the country, thousands of people are injured or die in drunk driving-related car wrecks. For example, approximately 10,265 people were killed in alcohol-impaired driving accidents in 2015, according to the CDC.

Take Legal Action to Hold the Drunk Driver Accountable

As you can see, drunk driving is a serious public safety issue and one of the ways to send a signal that this type of behavior will not be tolerated is holding the drunk driver accountable in court. Most drunk drivers face criminal charges brought by the state, but you also have the right to file a personal injury or wrongful death lawsuit in a civil court to obtain money damages. You can pursue financial restitution for your medical expenses, lost income, and pain and suffering. If you lost a loved one in a drunk driving accident, you can pursue compensation for the income that would have been earned by the decedent, along with funeral expenses and the loss of companionship, guidance, and support provided by the decedent.

Liability may also extend beyond the intoxicated driver. For example, if there is evidence that a bar, night club or restaurant continued to serve alcohol to the at-fault driver after realizing they were heavily intoxicated, it may be possible to hold the establishment liable, at least in part, for your harms and losses.

Learn More About Your Legal Rights by Contacting an Experienced Miami Car Accident Lawyer

The attorneys at the law office of Alan Goldfarb, P.A. in Miami are passionate about helping the injured in their time of need. Our legal team will take the time to sit down and talk with you about the facts and legal strategies that may be viable in your case. Our consultations are completely free and we work on contingent fee agreements, which means you owe us no money upfront and only pay when we obtain a financial recovery for you.

Resources:

local10.com/traffic/man-killed-in-crash-in-southwest-miami-dade-by-possible-drunken-driver

nhtsa.gov/sites/nhtsa.dot.gov/files/cnmi_fy2015ar.pdf

cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html

Police investigating the accident suspected alcohol may have been a contributing factor. The negligent driver claimed he only had “two or three” beers the evening of the accident. However, a blood test was conducted and it showed his blood alcohol was .156, and that was some time after the incident, according to CBS Miami.

The negligent driver is facing myriad criminal charges, including vehicular homicide, manslaughter while driving under the influence, DUI damage to property or person and reckless driving with damage to property or person, according to the aforementioned CBS Miami article.

Deepest sympathies go out to the family and friends of the victim. It is frustrating to accept the fact that an innocent pedestrian simply walking on a sidewalk can have their life taken from them by a careless, intoxicated driver.

Take Legal Action

If you lost a loved one in a preventable accident caused by the carelessness of another driver, you should speak to an experienced Miami wrongful death lawyer to discuss your legal options. The thought of filing a lawsuit and going to court may feel overwhelming and intimidating. That is why hiring an attorney makes sense. They can take the burden off of you by filing all of the necessary documents and legal filings and negotiate with the claims adjuster for the negligent driver’s auto insurance company. In wrongful death claims, you can pursue financial restitution for the lost earnings of your loved one, the loss of companionship, and the loss of guidance and mentorship (if the decedent had children), and you may be able to pursue a unique form of damages known as “punitive” damages.

Understanding Punitive Damages

Unlike economic and non-economic damages (which are comprised of medical bills, lost earnings, pain and suffering, etc.), punitive damages are meant to punish the negligent driver. In most personal injury cases, a plaintiff is unable to pursue punitive damages because there must be evidence of gross negligence, recklessness, and/or malice. An auto accident involving ordinary negligence does not meet the threshold necessary to pursue punitive damages. There must be evidence of egregious conduct.

In the context of a wrongful death car accident caused by a drunk driver, it may be possible to pursue punitive damages based on gross negligence. This is where the defendant’s conduct was reckless constituting a conscious disregard or indifference to the safety, life, or rights of the victim(s).

Limitation on Punitive Damages

Even if punitive damages can be pursued, the Florida legislature placed a statutory cap on punitive damage awards. Under Florida law, a punitive damage award may not exceed three times the amount of the award of compensatory damages or half a million dollars, whichever is higher. For example, if a jury awards you $400,000 in compensatory damages, then you could potentially pursue $1.2 million in punitive damages since it is three times the amount of the award of compensatory damages.

Speak to an Experienced Miami Wrongful Death Lawyer Today

The legal team at the Miami office of Alan Goldfarb, P.A., is here to help you through this tough time. We are an AV-rated law firm and we are listed among the Top 100 Lawyers in the state. Contact our office today to schedule a free consultation.

Resource:

miami.cbslocal.com/2017/06/12/87-year-old-dui-manslaughter-miami-dade/

Recovery After A Drunk Driving Accident

It is impossible to argue about the serious nature of accidents caused by drunk drivers. The news is filled with stories about accidents caused by those behind the wheel after having had too much to drink. It is equally difficult to argue with the fact that when someone is injured as a result of someone else’s drunk driving, they will be entitled to recover for their damages from that person.

A Tool In Preventing Drunk Driving Accidents – Ignition Interlock Devices

The question arises, however, of what could have been done to prevent the accident from happening in the first place and causing its victims to have to endure the painful and often lengthy recovery process. In Florida, the law provides for use of an ignition interlock device (IID). Beginning with a driver’s first offense for a DUI in which they have a blood alcohol level of .08% or higher, a judge may order the driver to have an IID for at least six months, though it is not required at that level. In cases in which the driver’s blood alcohol level is at least .15%, however, the judge is required to enter an order for use of an IID for at least that six month period, even for first time offenders. Where the offender is on their second offense, the requirement is increased from six months to at least one full year – those found guilty of drunk driving for a third time will be ordered to use an IID for at least two years.

Let Us Assist You with Your Case

Despite the laws against and the penalties for conviction of drunk driving, it is doubtful that we will reach the point at which these tragic occurrences no longer happen. While accidents continue to occur due to drunk driving, innocent victims will continue to suffer injuries and losses. If you have  been involved in an auto accident due to someone else’s negligence and have suffered injuries as a result, the Miami attorneys at the office of Alan Goldfarb, P.A. can help you get the results you are entitled to receive. Whether your losses include costs for present medical expenses or those anticipated in the future, lost wages , even expenses due to pain and suffering stemming from the accident, at the office of Alan Goldfarb, P.A. our goal is to help you make a full recovery and we will work tirelessly towards that end. Our legal professionals have helped other accident victims get the compensation they deserved and want to do the same for you. Contact us now to set up your no cost, no obligation appointment.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

wsvn.com/news/local/driver-accused-of-injuring-south-florida-principal-while-intoxicated-faces-judge/