Victim of Drunk Driving (DUI) Accident in Tampa, Florida
By your Tampa Injury Attorney, Martin Hernandez
In Florida, a driver is presumed legally intoxicated if they have a blood alcohol content of .08 percent or higher. However, even a small amount of drugs or alcohol can impair a person’s ability to drive safely. For example, under Florida law it is up to a jury to determine if you are impaired (factual question) if your blood alcohol content is between a .05 and .08, but above a .08 you are presumed impaired.
If you have been injured in an alcohol-related accident, contact our auto accident lawyers for a free initial consultation about your rights and options. At Fernandez and Hernandez, our DUI accident attorneys represent victims of impaired drivers in Tampa and other communities in Florida.
Even if the drunk driver avoids criminal prosecution, introducing evidence of the other driver’s alcohol use can have an effect on a civil personal injury case. Juries don’t like it when people drink and drive, and that can be a factor in determining how much compensation they award to the victim. Our firm predominantly hires former prosecutors and public defenders because they know how to try cases and pursue drunk drivers.
Recent Case Result
Motorcycle Accident Impaired Driver Injury Case
The Fernandez & Hernandez firm took the case of a young nursing student. This nursing student was on the back of her boyfriend’s motorcycle when an impaired driver pulled out in front of the motorcycle and knocked our client and her boyfriend off of the motorcycle. Our client suffered severe head trauma, facial injuries and numerous orthopedic injuries. She was in a coma for 6 weeks. After an investigation, law enforcement dropped the DUI charges because of lack of evidence. Because we felt an injustice, we sued the impaired driver an obtained a verdict for $10.8 million. Because the trier of fact made specific finding that alcohol was a factor, this judgment cannot be discharged in bankruptcy. We also notified the DHSMV and they suspended her driver’s license for 20 years. We never pursuing justice for our client. That’s being tenacious.
The Effect of Alcohol on Drivers
According to the National Highway Traffic Safety Administration, even a small amount of alcohol can affect a driver’s vigilance, perception, visual function and judgment. To prove that alcohol was a factor in causing the accident, our attorneys will need to establish that the driver’s intoxication had an effect on his or her ability to operate a motor vehicle safely.
Our lawyers can interview the police officer to introduce his or her observations as evidence in your case, even if the driver’s BAC was lower than .08 percent. If the officer testifies that the driver weaved in traffic or showed other signs of intoxication, that evidence can be compelling even if the driver was not convicted of drunk driving.
Contact Our Tampa Personal Injury Attorneys
To schedule a free initial consultation with an Tampa auto accident injury lawyer at Fernandez & Hernandez, contact us through this website or call 813-229-5353.
We are ready to help you.
Tampa Injury Lawyers Daniel Fernandez and Martin Hernandez of Fernandez and Hernandez, LLC and the experience and results that make a difference in the outcome of your case. We handle cases in Tampa, Brandon, West Tampa, Carrollwood, Temple Terrace, Plant City, Riverview and throughout the Tampa Bay Area.