What if the driver who hit me in Florida was drinking?
If you’re involved in an auto accident in the state of Florida and the other driver was drinking and you sustained injuries from that accident, you may actually be entitled to punitive damages. Those damages are above and beyond what we call compensatory damages that are payment for medical bills and lost wages. There are factors that have to be considered in filing a punitive damage claim. It is not just that the person has been drinking, but that his faculties, his or her faculties have been impaired by that drinking. If a blood alcohol test is done and it is a .08 and above, that is going to be a presumption of an impairment.
However, there are not always blood alcohol tests drawn at the scene. There are other ways to prove impairment from drinking when involved in an accident. It is highly recommended if you’re involved in one of these accidents that you do contact an attorney to be able to preserve the evidence as soon as possible.
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