"For 153 years Americans have observed Memorial Day as a time to remember the military personnel who died serving in the United States armed forces. These brave servicemen and servicewomen served to keep us free to enjoy our lives as American citizens. We at Spivey Law Firm, Personal Injury Attorneys, P.A. salute our departed service people and those who currently serve our nation.  Many of us take this time to get together with families and friends and enjoy a long holiday weekend. The festivities may include alcoholic beverages. We urge drivers to not drink and drive,” said Fort Myers DUI Accident Lawyer Randall Spivey.

The National Highway Traffic Safety Administration (NHTSA) issued new data on March 2, 2022, that reported alcohol-related deaths spiked 14 percent from 2019 to 2020 while vehicle miles traveled decreased by 11 percent because of the pandemic. There were 11,654 people who tragically died in alcohol-related crashes which is the most since 2008. NHTSA reports that 45 percent of traffic deaths involved at least one of three hazardous behaviors: impaired driving, speeding, or not wearing a seat belt.

"It’s heartbreaking to learn that in addition to the tragedy and disruption caused by the pandemic, families, and communities are being irreparably traumatized by the 100 percent preventable, violent crime of drunk driving,” said MADD National President Alex Otte.

Victims of drunk drivers are protected under Florida laws. The laws recognize the negligence of drunk drivers when they injure innocent people and their families. Florida Statute 316.193 (Driving under the influence; penalties) defines drunk drivers as being:

• The person under the influence of alcoholic beverages, any chemical substance set forth in s. 111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
• (b) The person with a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
• (c) The person whose breath-alcohol level is 0.08 or more grams of alcohol per 210 liters of breath. 

Sources of Damages in DUI Personal Injury Lawsuits

There are several sources of damages available in personal injury and wrongful death DUI accidents. Damages can be for economic losses, non-economic losses, and punitive damages.

Economic Losses

These include reimbursement for medical expenses, property damages, vehicle rentals if the vehicle is damaged, loss of earnings if the DUI victim is unable to work because of the injuries suffered in an accident and the cost of household services.

Non-Economic Losses

Non-economic losses may include physical, mental, and emotional pain and suffering, the loss of the enjoyment of life, and disfigurement or physical impairment.

Punitive Damages

The Florida Supreme Court has noted that punitive damages are reserved for "the intentional infliction of harm, or a recklessness which is the result of an intentional act.” They are intended to punish a defendant and may, or may not, be awarded in a particular personal injury case.

Fort Myers DUI Accident Lawyer Aggressively Fights for Victims of Drunk Driving

For years Fort Myers DUI Accident Lawyer Randall Spivey and his legal team have fought for the rights of drunk driving accident victims. Here are a few of the case results:

• A record jury verdict was awarded to a Naples car accident victim who suffered serious back injuries because of a crash caused by a drunk driver who crossed the center line and struck her vehicle.
• A judgment was obtained for the victim of a DUI accident who received brain injuries in a Fort Myers car accident when a drunk driver crossed the center line.
• A jury verdict was obtained for a car accident victim who received fractures to his hip, pelvis, and both feet because of a drunk driver in Collier County.

"We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. We provide personal contact and communication and aggressive representation. Should you or a loved one be injured in a DUI accident, please contact me at 239.337.7483, or toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com,” said Fort Myers DUI Accident Lawyer Randall Spivey.