Florida DUI Injury Lawyer

It is important that your attorney immediately conduct a complete investigation of the crash, including:

	Photographs of the scene
	Witness interviews and & statements
	The results of the breathalyzer and field sobriety test
	The 911 recording/tape
	A complete copy of the drunk driver court file in order to preserve all statements made regarding how much alcohol
	was consumed
	Criminal background check of the Defendant
	Driving record check of the Defendant
	The patrol car video from the roadside test & arrest
	Analysis, photographs and measurements of the vehicles involved

Some of the evidence may be destroyed, lost or misplaced and therefore you must contact our office quickly so that your lawyer can obtain and preserve the evidence.

Florida law provides that a drunk driver can be punished for operating a motor vehicle when their normal faculties are impaired, either by alcohol or chemicals as described in Florida Statutes. The law also provides that money damages can be awarded to punish this reckless behavior. These damages are called punitive damages, which Florida courts allow to punish the Defendant. In Florida, a driver who operates a car when their blood alcohol content is in excess of .08 is presumed to have operated the vehicle when their normal faculties are impaired. Therefore, if someone operates a vehicle (car, truck, motorcycle) with a blood alcohol level of .08 or above, that person is presumed to be driving under the influence and will usually be charged with DUI.

Florida DUI Injury Lawyers at Law Offices of Carlos J. Jimenez, PL will offer a detailed and complete presentation of the DUI evidence to the insurance company representatives and attorneys, which will probably cause the insurance company to pay a significantly higher settlement than in a crash that does not involve a drunk driver. If suit ifs filed, the presentation will initially be made in mediation. Recently, Florida DUI Injury Lawyer Carlos J. Jimenez secured a settlement, while the case was in litigation, of five (5) times the available policy limits when an insurance company failed to pay the policy limits on a timely manner. The case involved a drunk driver that ran into a van. In the van were a father, mother and two of their children. The settlement was secured after the presentation of damages and the presentation of the DUI evidence which included the video tape of the arrest.

Dram shop liability
In Florida, bars, restaurants and other establishments that serve alcohol have a duty not to serve a known alcoholic or someone who is visibly intoxicated. If they fail to stop serving such as person, they are responsible for the damage done by that person. This area of law is known as dram shop liability.

When a liquor establishment fails to check the identification of a person who drinks alcohol to make certain they are of legal age, the establishment is liable for any damages caused by that underage drinker. The liquor establishment may also be held responsible for any injuries suffered by the underage drinker as a result of operating a vehicle while under the influence.

If the alcohol was consumed at a party in a private home, the homeowner may be held legally responsible for injuries caused by the drunk driver. You need an experienced lawyer who has handled numerous cases against drunk drivers in order to properly present your case in the most professional, detailed, and effective way possible.

Punitive damages against drunk drivers
Under Florida law, insurance companies do not normally have to pay punitive damages, but only compensatory damages such as loss of income, medical bills, and intangible damages such as pain and suffering. However, there are a few exceptions when insurance companies, employers, and owners of vehicles are responsible for paying punitive damages. Some examples include:

	When the owner of a car was aware that a drunk person was going to operate his or her vehicle
	When an employer failed to take away a car given to an employee after gaining knowledge that the employee had prior DUI arrests or convictions

When a drunk driver injures or kills someone that case must be analyzed by an experienced personal injury attorney to determine whether punitive damages may apply. Florida DUI Injury Lawyer Carlos J. Jimenez has been successful in resolving auto accident cases which involve drunk drivers.

Call for a Free consultation, there is never a charge to talk to a Florida DUI Injury Lawyer at the law firm of Carlos J. Jimenez, PL. We are always willing to make house calls, our attorneys will be there when you need them.

Law Offices of Carlos J. Jimenez, P.L.
Renaissance Commons
1880 North Congress Avenue, Suite 315
Boynton Beach, Fl. 33426
Email :info@247injurylaw.com
Fax: 561-253-0435

Law Offices of Carlos J. Jimenez, P.L.
1451 W. Cypress Creek Rd., Suite 300
Ft. Lauderdale Fl. 33309
Email: info@247injurylaw.com

West Palm Beach Phone
561.253.0434

Boca Raton Phone
561.253.0434

Fort Lauderdale
954.489.2732