When a drunk driver causes a car crash resulting in someone’s injury, those cases are different than a normal car accident. There’s two very special reasons I want to address.
1) Normally, when a lawyer is going to prove an auto negligence case or a car accident, we have to prove that there was some type of negligent driving. Maybe someone was speeding, they drove off the road, they failed to stop or yield or it could be a number of other things. But in the drunk driving situation, driving drunk is negligence. It is a very special class of negligence created by Florida law. So, we may have proof that the driver in fact was speeding or did some of these other things but you don’t always have to have those other things in a drunk driving case.
2) The other thing that is very unique to a drunk driving case is that there are special damages that can be given to the victim that are called punitive damages. When you’re injured in a normal car accident, the driver who caused the accident is responsible to pay your out of pocket expenses and your pain, suffering and your inability to live a normal life. But in a drunk driving case, not only are you entitled potentially to those damages but to punitive damages as well. This is a special class of damages designed not to compensate someone for the harm that has been done but to simply punish the drunk driver for the intentional, criminal negligent act of driving drunk and causing an accident. The proper use of these special punitive damages can make a huge difference in how your case is handled and any lawyer that you work with needs to understand how those damages are applied in your situation and whether they can be.