Tuesday, February 9, 2016

What are the sources of compensation and liability issues in a drunk driving accident?

There are various sources from which compensation can be claimed if you have suffered injuries, property damage, and had to pay a large medical bill as a result of a drunk driving accident.

Usually the at-fault driver’s insurance provider is liable to pay compensation to the drunk driving accident victims. But what happens when the driver is underinsured or there are too many claimants that make the at-fault driver’s insurance cover grossly insufficient to honor the claims?

Underinsured or Uninsured Cases

Many drivers are uninsured and in some cases they do have insurance coverage but is simply insufficient to meet the victim’s claims. In such cases, the victim will have to turn to his/ her own policy coverage. Many insurance policies have provisions for uninsured liability coverage. However, even if the claim is made against the victim’s own policy it is prudent to seek legal counsel and this is when the fantastic firm of Probinsky & Associates should come into the limelight.

Dram Shop Laws

According to Sarasota, FL drunk driving accident lawyers and the best in this part of Florida is Probinsky & Associates, under the state’s dram shop law you can actually file a lawsuit against a bar or a host of party where alcohol was served to the driver that caused the accident. In some states you are not even required to prove intent. You simply have to have knowledge that the individual served alcohol to a visibly intoxicated person and as a result of which the accident happened.

When there are too many victims, Central Gulf Coast Florida drunk driving accident attorneys attempt to investigate if a third party claim can give their clients some financial reprieve.

Negligent Entrustment

When a person knowingly entrusts his/her vehicle to someone who is impaired due to alcohol consumption, then a case of negligent entrustment can be brought against the vehicle’s owner. What is criminal liability?

A criminal case can be filed on an individual who allowed his/her intoxicated friend to drive a vehicle. In states like Florida, drunk driving accidents due to third party negligence are treated as culpable negligence. It is either a second degree misdemeanor or a first degree misdemeanor and drunk driving accident lawyers in Sarasota, FL such as Probinsky & Associates who know this law in and out have seen both kinds.

What is civil liability?

If you are involved in a drunk driving accident then a civil suit can be filed by the victim to claim damages for the pain and suffering, bodily trauma, and medical bills. If you have not stopped an inebriated friend from driving a lawsuit can be filed by his/her parents to make you pay for your friend’s injuries. In such a case, the jury will decide if your actions were negligent.

These cases can be worth big money in monetary damages for the mental agony caused if the survivors have lost a loved one such as a child in a drunk driving accident. Have you seen the show ER? This does happen and some people are in such shock over it they cannot function. Even if the gravity of it all impairs their functions they are still guilty and need to pay up.  


Spouses too can sue you if your friend was married and had a family to support. You might have to pay for the loss of companionship and income. This is in addition to punitive damages that the guilty party is made to pay as punishment. Have you seen the movie Hangover? If you thought their day was rough, this can be much more stark and without the comedy. You need a legal professional since the other side may feel bad for you but the drunk driver that did this to you is not going to voluntarily pay you what this case is worth – that would be extremely rare.

Do not sign anything with anyone until you have secured legal help and this is why you need to call Probinsky & Associates before you make yourself a victim again and you may not receive a second chance to fix it.

With so many adverse consequences and legal loopholes, if you have been arrested or charged in a DUI accident you ought to consider speaking with a drunk driving accident lawyer in Western, Central Florida along the Gulf Coast such as Probinsky & Associates as soon as possible. Florida may experience some hurricanes but you may be in a legal hurricane yourself if you do not retain some strong legal help quickly. The other party owes you and you probably do not have to see the first medical bill to motivate you to want to obtain compensation for what you have endured.

Probinsky & Associates do not charge you anything up front. They only charge you after the case is settled so essentially you pay them nothing since they only take a percentage. The first meeting is free. They know a winning case when they see one. Go right here to ProbinskyLaw to find the legal help you badly need. 

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