Category Archives:Injured by Drunk Driver

Drunk Driving Accident Victim

Drunk Driving Accident Victim

– By Tampa Injury Lawyer: Martin J. Hernandez, Esq.

MADD states that there were 841 deaths in 2017 in Florida.  Tampa Bay has the highest number of drunk driving arrests in all of Florida. According to responsibility.org Alcohol-impaired driving fatalities accounted for 29% of the total vehicle traffic fatalities in 2017. Between 1991 and 2017, the rate of drunk driving fatalities per 100,000 population has decreased 47% nationally, and 68% among those under 21. These statistics and others are positive indicators of the gains being made to fight drunk driving.

Your Tampa Injury Attorney, Martin Hernandez of Fernandez and Hernandez, prosecuted drunk drivers and protecting victims of drunk driving in Tampa from 2001 through 2004.  Since that time he has been fighting for victims and seeking justice for the victims of drunk driving accidents on the civil side of the equation.  In 2016, 2017, and 2018, Tampa Injury Lawyer Martin Hernandez sued drunk drivers and suspended the drunk driver’s license for 20 years.  While the government only took away the drunk driver’s privilege to drive for 20 years or until they fully compensated the victim for his or her injuries.

In Florida, driving with blood alcohol content (BAC) of .08 is considered driving under the influence, which is a crime. Many factors can affect the number of drinks it takes a driver to get to this BAC, including the driver’s weight, genetic makeup, and gender. Even if your BAC is lower than .08, you may be too inebriated to drive. Consuming alcohol can reduce a driver’s reaction time to unexpected events and can cause a driver to drive erratically.

Those charged with drunk driving in criminal court and acquitted may be surprised to find themselves still liable in civil court to anybody they injured or killed while drunk driving. The criminal and civil justice systems are separate, and the standard of proof is more stringent in criminal than it is in civil court.

In criminal courts, the burden of proof is “beyond a reasonable doubt.” Usually, by contrast, the burden of proof in a civil personal injury lawsuit is “preponderance of the evidence.” This means the plaintiff must prove a fact and damages by showing that his or her version of events is more likely than not to be accurate. Accordingly, there may be enough evidence to hold a person civilly liable for causing an injury while drunk driving, even though there is not enough evidence to prove the same person caused the accident “beyond a reasonable doubt.”

The state permits a person hurt by a drunk driver to sue not only the drunk driver but also the bar or other entity that served the drunk driver alcoholic beverages in spite of the driver’s visible or obvious intoxication. These laws are known as “dram shop liability” laws. These laws can be useful to plaintiffs because bars and other entities may have insurance policies that permit recovery even if the drunk driver is uninsured or underinsured and judgment-proof.  However pursuing a claim against a bar is very difficult under Florida’s Dram shop immunity statute to bars, but our firm has successfully collected from bars in the past.

Things that a person that has been injured by a drunk driver and can receive compensation for are:

  • Pain and suffering
  • medical expenses
  • property damage and lose
  • permanent disfigurement
  • mental anguish and emotional distress
  • lost wage
  • permanent disability

Consulting an experienced car accident lawyer after an injury caused by a drunk driver can make the complex process of making a personal injury claim easier.  An experienced personal injury attorney will conduct a thorough investigation of the facts of the accident.  The attorney will discuss preserving any and all evidence that the other driver was drunk at the time of the accident and will work to establish responsibility in order to hold the other driver accountable.

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.  Utah is now proposing a law reducing the BAC lower limit to 0.05% (nearly half of Florida’s!).

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 a Tampa auto accident injury lawyer at Fernandez & Hernandez, contact us through this website or call 813-229-5353.

Although I am a Tampa Injury Attorney, I am also a father, a citizen and a driver.  Drunk driving deaths are near and dear to me.  That is why our firm proudly supports MADD and will continue supporting MADD until there are no more victims.  Read the full NHTSA report at: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812456

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

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck

Why Should I Hire a Tampa Drunk Driver Accident Attorney?

Why should I hire a Tampa Drunk Driver Accident Attorney?

Drunk driver accidents in Tampa can happen at any time and require special attention from an attorney.  Insurance adjusters complicate the process of recovering compensation for injured victims and try to minimize the recovery.  It is important for injured victims, or loved ones acting on their behalf, to retain an attorney who has experience handling drunk driver accident claims.

Every year, drunk driving causes more than 16,000 accidents in Florida. About 11,000 people are injured and nearly 1,000 people are killed in drunk driving accidents every year in the state. At Fernandez & Hernandez, we aggressively pursue claims against drunk drivers responsible for serious injuries and death. In addition to pursuing negligence claims, Florida law gives drunk driving victims the right to sue for punitive damages. It is a way to punish a drunk driver for willful, wanton, and reckless conduct. If you have been involved in a drunk driver accident, you may have legal recourse.

Why Should I Contact a Tampa Drunk Driver Accident Lawyer?

Insurance companies are not in the business of paying claims at full value unless they are made to pay full value. It may be difficult for injured victims to recover from a drink driver accident, especially if they are pursuing their claim without the guidance of an attorney.

If you were injured in a drunk driver crash, an attorney can explain your options for pursuing compensation for medical bills and other losses. If you contact a Tampa drunk driver accident lawyer immediately after the accident, he or she can begin to collect information and evidence to support your claim for compensation.

Why Fernandez & Hernandez?

At Fernandez & Hernandez, the drunk driver accident attorneys are familiar with laws governing drunk driving crashes – which differ significantly from those pertaining to ordinary accidents – and have extensive experience dealing with insurance companies. We have access to the top experts, including accident reconstructionists and medical experts. By working with these individuals, our attorneys have established a successful track record of results in recovering compensation for injured individuals.

Insurance Negotiations

After a drunk driver accident, your attorney may contact the negligent party’s insurance company to negotiate a settlement for costs incurred as a result of the accident. He or she will leverage information collected to recover compensation for your expenses. If negotiations with insurance companies are unsuccessful or unsatisfactory, you may be able to pursue legal action against the negligent party with the help of your attorney.

Negligence

Drunk driver accident lawsuits fall under the category of personal injury, which in turn is based on the theory of negligence. Your attorney will have to prove that the other driver in the accident was at fault because he or she failed to exercise a reasonable standard of care. In order to do so, your attorney will conduct an investigation to learn more about the incident, including whether the other driver was driving under the influence.

Wrongful Death

If you have lost a loved one in a drunk driver accident, you may have recourse to recover compensation through a wrongful death lawsuit. An attorney can help the family of the deceased prove the negligence of the other driver was the cause of the victim’s death.

What Compensation Can Be Recovered?

In negotiations or litigation against an insurance company or negligent party, the attorneys in our office may be able to help you recover compensation for the following:

Past and Future Medical Expenses: Victims may receive compensation for emergency visits, hospital care, surgery etc. if the injuries were directly related to the accident.

Lost Wages: Drunk driver accident victims can claim compensation for wages they could have earned if the accident did not take place. Victims can recover compensation for the period of time they had to be away from work to recover.

Pain and Suffering: Drunk driver accident victims can claim compensation for pain and suffering after the accident. To determine whether the victim requires compensation, factors such as the nature of the injury, along with the duration and extent of pain, will be considered.

Mental Anguish: Victims and families may also be provided compensation for the emotional pain they had to face after the incident. Emotional suffering includes feelings of fright, embarrassment, nervousness, worry, and grief.

Loss of Consortium: The surviving spouse may be awarded compensation for the loss of services, assistance, aid, society, and companionship of his or her loved one in the case of a wrongful death caused by a drunk driver. Surviving parents may be awarded compensation for the loss of love, affection, and companionship of their minor children as a result of their wrongful death. Likewise, minor children may be awarded compensation for the loss of services, assistance, aid, society, and companionship of their parents as a result of their wrongful death.

Punitive Damages: In addition to pursuing negligence claims, Florida law gives drunk driving victims the right to sue for punitive damages. It is a way to punish a drunk driver for willful, wanton, and reckless conduct.

If you were injured, or lost a loved one, in a drunk driver accident, you may be entitled to compensation. To find out more about drunk driver accident lawsuits, fill out our free case review form today.

Tampa Drunk Driver 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.

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

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer #Accident #Injury #Truck #Drunk

Drinking and Driving?

Drinking and Driving?

 

When putting those keys in the ignition and driving away after drinking you are not only putting your life at risk but you are risking the lives of all those you come across while driving.

 

Think Again!

 

Tampa Accident AttorneysThe solution to this problem does not just rest in the hands of law enforcement to find these violators and prosecute them but within each and every person to make the conscious choice not to drink and drive. There is always a better option. Keep the roadways safe along with your loved ones and the loved ones of others by not drinking and driving.

 

InjuryLawyersOfTampa.com

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Injured in a car accident caused by a drunk driver?

 

Call our office and consider it done. We will be there every step of the way. We know how to pursue a claim against a drunk driver and we will for you.

 

Call Tampa Injury Attorney Martin Hernandez of Fernandez & Hernandez at 813-229-5353

#GetLawyeredUpNow #TampaAttorney #TampaLawyer #TampaAbogado #LawyeredUp #LawyerUp #Injury #AutoAccident #Accident #Tampa #Accidente

Is there a low risk of apprehension when driving drunk?

Perhaps the single most significant factor in explaining why people drive while impaired is that they believe that there is little risk that they will be caught by police.

Sound crazy? Statistically, they are correct. The Associated Press in 2004, citing a study by the Wisconsin Bureau of Transportation Safety Administration, stated that by some estimates, the average drunk driver will drive while impaired between 80 …and 2000 times for every time he is apprehended, depending on the enforcement capacity of the local police. So it begs the question, how many times did this Texas driver “get away” with drunk driving?

The answer is simple:
Education and Enforcement. That’s we support MADD and will continue supporting them and suing drunk drivers.

If you have been injured in a drunk driving accident, call a Tampa lawyer that will seek justice for you. Fernandez & Hernandez Law Office –  813-229-5353

 

 

Tampa DUI Attorney

While other Tampa  lawyers claim to sue drunk drivers for causing injuries to others, our firm really does sue them even when they do not have insurance. Not many law firms can say that. For us, it is a matter of principle.

What happens when we do sue them and they do not have insurance? If we obtain a judgment against the drunk driver, we send the judgment to Tallahassee DMV and request DMV to suspend the drunk driver’s license. DMV will then suspend the driver’s license for up to 20 years or until they pay the victim. While the State of Florida in the criminal proceeding only suspends their driver’s license for 6 months, the victim suspended the license for 20 years. A small victory for the victim. Click on the link below for details.

In 2015 alone, we have done this 4 times and twice the drunk paid the claim personally.

If you have been injured in a car accident call a Tampa  Attorney who can help you in your time of need.

Are you the designated driver or the least drunk driver?

It’s supposed to be simple:

Tampa Auto Accident Attorneys

Tampa Auto Accident Attorneys

Abstain from drinking alcoholic beverages, so you can drive your drunk friends home.  However, a recent University of Florida study shows the message is not getting through.  Their results show that 65% of designated drivers had a breath alcohol concentration (BrAC) of less than .02% (they “abstained” from drinking); 17% had a BrAC of .02-.049% (these are drivers that are considered to have been “drinking”); 18% had a BrAC greater than .05% (these were considered “impaired”).

Basically, one-third had been drinking alcohol before drivingThat’s not how it works!  If you’ve agreed to be the designated driver, don’t drink.  If you’ve been drinking, don’t drive.  Factoid: if you’re BrAC is greater than .05%, you’re not in the clear.  A jury can convict you at a .05 BrAC. (See Fla Stat. 316.193).  If you’ve been injured by a drunk driver, call an attorney who can help.  than .05% (these were considered “impaired”).  Basically, one-third had been drinking alcohol before driving.  That’s not how it works!  If you’ve agreed to be the designated driver, don’t drink.  If you’ve been drinking, don’t drive.  Factoid: if you’re BrAC is greater than .05%, you’re not in the clear.  A jury can convict you at a .05 BrAC. (See Fla Stat. 316.193).

If you’ve been injured by a drunk driver, call an attorney who can help. 813-229-5353.