Below are some of our settlements for clients where a drunk driver caused our clients’ injury in Florida. After talking about these settlements, I give some important information about how the settlement value of a claimant’s case is affected if the careless driver was drunk.
Driver Hit By DUI Driver Gets $95,000 Settlement for Back and Neck Injuries
A 44-year-old man after a drunk driver crashed into him. GEICO insured the DUI driver who caused the head wreck.
According to the police report, the at-fault driver was driving the wrong way. She attempted to make a u-turn in the roadway and struck our client’s vehicle.
The other driver was found to be at fault for violation of driving the wrong way. GEICO’s starting offer to me was $17,500.
Investigation also revealed that the guilty driver had been drinking. DUI investigation was conducted. The driver who caused the accident was arrested for violation of driving under the influence. The MRI films showed 2 bulging discs and 2 herniated discs.
$30,000 Uninsured Motorist Insurance Settlement for Lady Hit by DUI Driver
A drunk driver crashed into a car in which our client was a passenger in Miami, Florida. The passenger’s mother had uninsured motorist (UM) insurance with GEICO.
The at fault driver was uninsured. We made an uninsured insurance claim against GEICO.
GEICO paid the $30,000 uninsured motorist insurance limits to settle the passenger’s injury case.
Lady Hit by Drunk Driver Gets $25,000 for Minor Injuries
We represented a young woman who was a passenger in a car. A drunk driver hit her at an intersection, where Shenandoah meets West Flagler, near Little Havana in Miami-Dade County, Florida.
$17,500 Settlement for the husband of the woman after a drunk driver crashed into his wife. His wife claimed that the accident caused the loss of her fetus.
The OB/GYN doctor did not relate the death of the fetus to the auto accident.
Florida law allows you to make a claim for emotional damages of an expectant mother and father resulting from a stillbirth caused by the negligence of another.
$14,100 Settlement for a car passenger after a drunk driver rear ended him. A South Florida insurer insured the DUI driver.
The driver was found guilty of DUI by a criminal court. The passenger claimed a herniated disc, and received therapy from a chiropractor for months after the accident.
The insurer settled for their insured’s policy limits of $10,000.00.
We also settled a claim against the passenger’s underinsured motorist company, State Farm Insurance, for $4,100.00.
$11,500 Settlement for a mother (driver of a car) that was rear ended by a drunk driver insured by a South Florida insurance company. State Farm was the underinsured motorist insurer.
If Someone is Driving Under the Influence and Causes and Accident, Does This Increase the Injured Person’s Case Value?
Yes, it often does. In Hines v. GEICO Indemnity Company, Dist. Court, MD Florida 2016, a federal judge said that:
the fact that Cordova was driving under the influence when she caused this accident—could cause a jury to increase a compensatory damages award.
If the At Fault Driver Refused the Breath Test, Does This Affect the Value of the Claimant’s Case?
Yes. The jury gets to hear that the at fault driver refused to submit to a blood-alcohol test. This increases the value of the injured person’s case because he or she can sue for punitive damages.
In addition, juries often award more money for pain and suffering if they hear that the at fault driver refused to submit to a blood-alcohol test. BIL insurance adjusters know this and thus often offer more money to settle the personal injury case.
Allowing the jury to hear that the careless driver didn’t submit to a blood-alcohol test doesn’t violate the Fifth Amendment.
Usually, what a driver tells a police officer after the accident is privileged. Thus, the jury won’t get to hear what was said. Florida Statute 316.066.
However, Florida Statute 316.066 does not prevent the admission into evidence of the careless driver’s refusal to submit to a blood-alcohol test. The case that says this is Evans v. Hamilton, 885 So. 2d 950 (Fla. 4th DCA 2004). That isn’t my case.
Did a drunk driver’s cause your injury in a Florida car crash? Were you hurt in another type of accident?
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