Drunk Driving Accident Victim

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If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353.
Drunk Driving Injury Lawyer Tampa

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

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Recent Reviews

Mark Lenox
Mark Lenox
16:55 14 Nov 19
I was arrested for my 2nd DUI and I've reached out to Mr. Hernandez explaining my situation. He made me feel safe through out the whole process. He helped me and extremely happy with the result. Martin knows clearly what are the best steps to take that's why I highly recommend him to anyone.read more
Kimberly McLendon
Kimberly McLendon
02:06 14 Nov 19
Martin Hernandez and his entire staff are extremely friendly,caring,knowledgeable, and treat you like apart of the family. I hired Martin approximately 2 years ago. My case was a complicated one. But Martin Hernandez did an absolute amazing job. I was always kept current of what was going on with my case. Anytime I called, if Martin was unavailable his hard working staff got the answers I needed. I would recommend Martin Hernandez to everyone. He's dedicated to each case. If you're looking for a lawyer who doesn't just represent you,but welcomes you like family to his firm, Here's your answer. If I could give 50 stars I would. Thank you Martin& staff for all you did. Kimberly Mclendonread more
Chuck Hermanes
Chuck Hermanes
22:21 07 Nov 19
My medical bills had been piling up long before I decided to contact an attorney, and by that time the statute of limitations was close to ending. My friend recommended Martin Hernandez who is very knowledgeable and who saved me in my situation. My medical bills are finally taken care of because of the work of Martin and his team. From the very beginning, I have no doubt that’s why he had so many great reviews from others. And I am 100% satisfied client who definitely recommend him to anyone.read more
Kymii Plur
Kymii Plur
14:49 01 Nov 19
Martin is the absolute sweetest most understanding lawyer I have ever met. He is very knowledgeable of every situation and will get you the money that you are deserved. His staff is amazing I love everyone there I couldn't speak more highly of all of them. I would recommend Martin and his staff to my family and anyone who is in need of an attorney don't waste your time with others go see Martin he will take care of you !read more
Gabbie Bell
Gabbie Bell
09:32 26 Oct 19
Martin is very professional, marvelous , and meet all expectations far as handling my family law case.I strongly suggest him to anyone who is in need of the best lawyer in Florida. Finest lawyer I've ever meet and i thank him for winning my case . He'll be hired by me anytime needed.read more
Johanna Gonzalez
Johanna Gonzalez
21:17 24 Oct 19
Great service. They took my case and guided me throughout the entire process with care and kindness. Thank you!
Parker Darlan
Parker Darlan
17:27 21 Oct 19
Martin and his office were very quick to respond to our inquiry and very professional. Extremely helpful and willing to listen to the issue and address it in a timely manner. I would certainly use him in the future.read more
Stetson Madison
Stetson Madison
21:02 27 Sep 19
He has been very helpful as my attorney and made himself available whenever I needed. There has been multiple times I wanted to just take a deal to get it over with but he has continued to work for me to get me in the best situation possible. He is very easy to work with and passionate about helping. He is not just a great lawyer but also a great human being!read more
Louie Serg
Louie Serg
15:51 13 Sep 19
My needs were met and the firm was invested in my case and me as a person. They were easily accessible, return phone calls and emails promptly. Aggressive, when it was require and got the job done. Martin and his staff all produced the quality of an attorney and firm that anyone would want to hire.read more
Ted Esposito
Ted Esposito
16:49 07 Sep 19
I was involved in a car accident and the first person I called was Martin. He was very understanding and made it very easy to get the insurance claims process underway. After a year of physical therapy, my case was settled and closed. Thank you so very much!read more
Arica Schmied
Arica Schmied
18:04 20 Aug 19
Amazing attorney!! Martin Hernandez and his firm are the best you'll find. I have known Martin for years and he has helped my sister and friends in their car accident cases. I can't say enough good things. He is very knowledgeable, kind, and will treat you like family!read more
Noah Chase
Noah Chase
08:48 19 Aug 19
Mr. Hernandez is clearly very experienced - based on my interactions with him. I look for an attorney based on integrity and experience. I found the integrity that I was looking for with Mr. Hernandez. I would recommend his services to anyone.read more
Fabian Prentice
Fabian Prentice
18:49 13 Aug 19
Martin is an amazing attorney and was able to get all 3 charges off my record. I knew I could count on him from the moment I retained him as my attorney. He was quick to answer any questions I had and was very reliable. My case lasted over a year and he was always keeping contact with me the whole time. I would highly recommend him if you need a criminal defense attorney.read more
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