Daily Archives: July 9, 2018

Victim of Drunk Driving (DUI) Accident in Tampa, Florida

Victim of Drunk Driving (DUI) Accident in Tampa, Florida

By your Tampa Injury Attorney, Martin Hernandez

We all know that “drinking and driving” or “Drunk driving” or “Impaired Driving” or “buzzed driving” is illegal.  Frankly, there is no excuse for this type of behavior and it needs to stop.  Our firm has been recognized the MADD Hillsborough for our fight for victims of DUI.  Our fight is with the impaired driver and his or her poor choice to put everybody in danger.

How aggressive and persistent are we? –
Read below for a story as to how far we will go.

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 because they know how to try cases and pursue drunk drivers to the fullest extent of the law.

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 stopped 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 Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez & Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and your loved ones. We invite you to review our recent results from settlements to trial verdicts. Our qualifications and background are available to you as well. Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well.  Just call us at 813-229-5353 for your free consultation.

The Tampa personal injury lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.

If you have been involved in an Auto Accident in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of Fernandez & Hernandez for a free consultation now.  We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

Call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353 or read more at: www.InjuryLawyersOfTampa.com

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