Gainesville Personal Injury, Divorce and Alimony Attorney

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01/10/2014
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Impaired Driving Accidents

Impaired Driving Accidents

A drunk or high driver on drugs can tear apart a family’s life in an instant. A disabled driver that is non-compliant with restrictions on their license can also be a hazard on the road. A driver, passenger, or pedestrian may be seriously injured or have lost a close family member to an accident that never should have happened. Victims of impaired driving accidents can have various catastrophic injuries, such as traumatic brain injuries, amputations, paralysis, soft tissue injuries, spinal cord injuries, lacerations, and more.

The most tragic accidents are wrongful death, leaving loved ones devastated, both emotionally and financially. In a DUI case, the driver causing the accident may have been way over the legal limit for blood alcohol concentration (BAC). In Florida, it is illegal to drive with a BAC of 0.08% or higher. In addition, they may have had one or more previous DUI accidents.

Who is Responsible?

Under Florida Statute Section 768.125, a party who overserves alcohol to a driver can be held accountable for the costs of injuries and losses. It is known as Florida’s dram shop law. In addition to the at-fault driver’s insurance company and their assets, other potential means of compensation are the injured party’s insurance company. If the party that caused the accident was DUI while working, their employer could also have vicarious responsibility.

At Alba & Straile PLLC, our clients are confident that our attorneys have excellent negotiation and litigation skills. We hold impaired drivers, employers, and insurance companies accountable for the victim’s losses. Attorneys Gilbert J. Alba and Christian A. Straile have extensive experience in personal injury law and criminal law. The actions they take on their clients’ behalf will ultimately depend on the particular situation.

Some of the Critical Steps that our Law Firm will attend to include:

  • Getting proper medical care. The more serious your injuries, the more crucial good medical care is. It is true, for example, with brain injuries and other catastrophic events. For minor injuries, claimants must seek medical care within 14 days of an accident to be eligible to file for legal action.
  • Investigating the accident. Our law firm is experienced at getting at the facts and using them to build strong cases for our clients. We interview eyewitnesses, analyze the accident scene, gather medical records and law enforcement reports, and research the prior driving histories of the parties involved in the accident. Information from eyewitnesses stating that a plaintiff was weaving in and out of lanes, driving unusually slow or fast, or appeared to have delayed reactions is valuable in a DUI case. We utilize accident reconstruction experts and expert witnesses for testimony.
  • Dealing with insurance adjusters. When you are trying to heal from your injuries, it doesn’t help to have the stress of dealing with insurance adjusters about the accident. Our law firm can take this stress off your shoulders by doing this on your behalf. We understand and challenge the tactics used by insurance companies.

Insurance companies generally undervalue the accident claims of the plaintiff. Some of the tactics they employ include reducing the defendant’s liability by focusing on the plaintiff’s comparative negligence or pre-existing conditions.  They contact plaintiffs and are trained to seek any statements that are inconsistent with the initial claim or any admissions of liability. At Alba & Straile PLLC, we have the skills and resources to conduct thorough investigations to establish liability. In addition, we are aggressive negotiators and tenacious in the courtroom.

Call Alba & Straile for a Free Consultation at our Gainesville, Florida Offices

Our law firm is focused on achieving client results. We are committed to providing our clients with compassion, attention to detail, and ease of attorney accessibility. Our Florida impaired driving accident attorneys provide our clients with sound legal counsel to effectively and efficiently address all of their accident-related needs.

We represent clients in all Florida State Courts. Contact Alba & Straile PLLC at (352) 371-9141 for quality representation for personal injuries and wrongful death claims related to impaired driving accidents. Let us evaluate the case and get you the compensation you deserve.