Whether an individual is a casual drinker or battling addiction, getting behind the wheel after consuming any amount of alcohol can put other drivers at risk. While any blood alcohol concentration at or above .08 is considered illegal, impairment can happen much earlier. For example, when an individual’s BAC ranges between .03 and .059, they can begin to be impaired in the following areas:
That’s not even an “illegal” amount of alcohol in the system yet. When the BAC spikes up between .06 and .10, an individual can feel a lack of inhibition, impaired reflexes, lack of reasoning, skewed depth perception, and blurred vision. Such impairment can lead a drunk individual to get behind the wheel of a car without a second thought, often resulting in a tragic accident.
Taking a Stand Against Drunk Driving
Clark Fountain knows how serious the issue of DUI is. One in three people will be involved in a DUI accident at some point, and around 11,000 will be killed in a drunk driving collision. DUI is no small matter. That is why our skilled West Palm Beach car accident attorneys fight tooth and nail to bring such negligent and reckless parties to justice.
You deserve seasoned litigation that cares about you and your life—call 561-899-2100 for a free case consultation!
When you retain our firm, you can count on us to:
- Utilize our 200+ years of collective experience
- Immerse ourselves in the investigation of your case
- Coordinate with necessary expert witnesses to bolster your claim
- Identify a personalized strategy and craft a compelling case
With many of our attorneys board certified by the Florida Bar and the National Board of Trial Advocacy in their areas of specialty, we are more than equipped to handle your DUI accident case in Florida. Trust your claim to our caring team today.
Anatomy of a Drunk Driving Accident Personal Injury Case
Personal injury cases are civil legal proceedings that arise when victims bring legal action against a party who caused them preventable harm and losses. This can include motorists who drove while under the influence. Although every personal injury case is unique, there are some essential general elements inherent to accident cases – specifically as it relates to proving negligence, fault, and liability. Below, we discuss these elements and what victims need to prove in order to recover the financial compensation they deserve.
- Legal Duty – For any personal injury claim to have merit, there must have existed some legal duty between the defendant and the victim. In the context of car accidents involving negligent drivers, this legal duty exists for all motorists; they have a legal obligation to safely operate their vehicles. As such, they can be held liable when they fail to uphold that duty, and cause injuries as a result.
- Breach of Duty – Proving a legal duty was breached is an essential part of an auto accident case, and it is often accomplished by proving a breach that arises from negligence. Because drunk driving is a negligent act any reasonable motorist knows increases the risks of accidents and places others around them at risk of being injured, it is considered an explicit breach of duty.
- Causation – It is not enough to simply prove another was negligent in failing to uphold their legal obligations; victims must further prove causation. In personal injury cases, the burden for proving this is called a preponderance of the evidence, which generally means “more likely than not.” Victims, therefore, must prove that the other party’s impairment and driving more likely than not resulted in their crash and their subsequent injuries, which can often be demonstrated by showing how their driving conduct, because of their impairment, likely led to the crash, such as when they run a red light or swerve and hit another vehicle, among other examples.
- Damages – Victims must have suffered actual damages in order to have a valid claim, and in the state of Florida must also have suffered some sort of physical contact in order to comply with the state’s “impact rule.” Victims injured in drunk driving accidents usually suffer damages that would entitle them to a financial recovery, because their physical injuries can create damages such as pain and suffering, medical expenses, future needs, and more. Our team puts an emphasis on illustrating the full scope of our clients’ injuries so as to recover the full amount of compensation they deserve.
Aligning Our Interests with Yours
Working on a contingency fee basis, Clark Fountain makes sure our interests are 100% aligned with yours. As our client, you get one-on-one attention and the dedication your case deserves. We are aggressive advocates and compassionate legal professionals. We go the distance for our clients, doing everything within our legal power to zealously represent them.
Significant Case Results
Poor Roof Design Contributed to Women’s Death After Being Struck by Drunk Driver