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Mon-Fri 8:30am-5pm
Phone: (239) 793-7748
www.hurtbydrunkdriver.com

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13400 Parker Commons Blvd
Fort Myers, FL 33912

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Fort Myers drunk driving accident attorney

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When you or a loved one has sustained serious or catastrophic injuries in an accident caused by a drunk driver, or you have lost a loved one to a fatal accident, you should contact a Fort Myers drunk driving accident attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A., for assistance. Over the years, our firm has handled hundreds of cases that have resulted in millions of dollars of settlements and verdicts to benefit victims and their families.

DUI Laws in Florida

The state of Florida has passed special laws that are specifically designed to help the victims of drunk driving accidents. These laws recognize the injustices that a drunk driver does to innocent people and their families, injustices that are not always properly remedied by the criminal justice system. For instance, when a drunk driver is only given a $500 fine after severely injuring your family member, you might feel slighted by the justice system. However, there are more Florida laws that enable you to seek further justice. For example, Florida law provides for unlimited punitive damages in cases where a drunk driver has injured or killed another person. Our Fort Myers lawyers use these laws in order to obtain justice for you, your family, and ultimately for all victims of drunk driving accidents.

Emotional Recovery and Financial Stability After the Accident

Randall L. Spivey represents all victims of accidents caused by drunk drivers. Our Fort Myers law firm has attained fair and just settlements and jury verdicts on behalf of our clients who have fallen victim to DUI accidents, physically, emotionally, and financially. When victims and their families feel that the criminal justice system has failed them in not issuing the most severe criminal punishment available to drunk drivers, our DUI accident lawyers can help you seek relief through the civil court system. While no amount of financial compensation can make up for a debilitating injury or the loss of a loved one's life, compensation still can help a victim and his or her family begin to rebuild their lives following a tragic accident. A civil personal injury or wrongful death claim against a drunk driver can help to bring financial security to an injured victim or to family members who are grieving the loss of their loved one.

Let Us Help You: Contact Us Today

For assistance in bringing a personal injury or wrongful death claim against a drunk driver, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. Our Fort Myers DUI accident lawyers will meet with you personally to evaluate your case, outline your options in detail, and assist you in making necessary decisions that will help you obtain the maximum compensation possible under Florida law. You owe no attorney's fees or costs to our firm unless you win your case and receive a financial settlement or jury award from the responsible party. We are dedicated to you and your case, and we will devote all of our resources toward getting you the compensation necessary for you and your family to rebuild your lives.

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Hurt By Drunk Driver | The Spivey Law Firm

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If you or a loved one suffers serious injuries as a result of a DUI accident, or if you have lost a family member due to a drunk driving accident, attorney Randall Spivey will provide experienced, dedicated, and individualized representation to help you recover financially from your losses.

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Fort Myers DUI accident lawyers

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Naples DUI Accident Attorney

Randall L. Spivey has years of experience in helping DUI accident victims recover compensation for their losses. The Ft. Myers DUI accident lawyers at the Spivey Law Firm have dedicated their legal practice to using all available Florida laws to obtain fair and just compensation on behalf of victims who have suffered at the hands of drunk drivers.

Punitive Damages

In the state of Florida, punitive damages are available in personal injury or wrongful death lawsuits where harm has been caused by an impaired or intoxicated driver. Punitive damages are not merely another source of compensation for victims of drunk driving accidents. Rather, punitive damages punish the drunk or impaired driver for his or her illegal, negligent, and reckless behavior. Additionally, Fort Myers DUI accident attorneys use punitive damages to help educate the public and make it clear that a jurisdiction will not allow drunk drivers to needlessly injure innocent people.

Other special laws may apply to your case as well. In personal injury or wrongful death cases, the law may place limits on the amount of punitive damages that you can recover through a lawsuit. However, in a drunk driving accident that results in injury or death, the law imposes no limits on the amount of punitive damages that may be awarded in a lawsuit brought by a Ft. Myers accident lawyer.

Federal Bankruptcy Law

Federal bankruptcy law also protects injury victims and the surviving family members of victims of fatal drunk driving accidents. When a lawsuit results in a monetary judgment against a person who causes a drunk driving accident resulting in injuries or death, he or she cannot discharge that debt by filing for bankruptcy relief. These federal laws permit your Fort Myers accident attorney to continue to enforce your judgment for damages resulting from a drunk driving accident without fear of the driver sidestepping his payment obligation.

Criminal Charges

The State of Florida also permits criminal charges against an impaired driver when he causes injury or death while driving under the influence. In addition, the victim of a drunk driving accident can request a restitution order through the criminal proceedings, ordering the impaired driver to reimburse the victim for costs related to the injuries that he or she has sustained. Likewise, the victim has the right to ask the Victim's Compensation Fund to pay any of his or her unpaid medical bills. While these are helpful resources for the victims of drunk driving accidents, damages available through a restitution order or the Victim's Compensation Fund typically are limited in that they must relate directly to medical expenses, lost wages, and other out-of-pocket expenses.

Civil Action

However, the victims of drunk driving accidents do have further recourse under Florida law. Our Naples DUI accident attorneys can bring civil cases against drunk drivers responsible for causing accidents, including personal injury lawsuits or wrongful death actions. In civil cases, the Fort Myers DUI accident lawyers of the Spivey Law Firm, Personal Injury Attorneys, P.A., can help the victim and his or her family to recover various types of damages. These damages may include medical bills, wages lost, pain and suffering, and loss of enjoyment of life. As mentioned above, punitive damages also may be available in personal injury lawsuits or wrongful death lawsuits involving drunk drivers.

If you were a victim of a DUI accident, contact Ft. Myers DUI accident attorney Randall L. Spivey for a comprehensive evaluation of your case.

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Hurt By Drunk Driver | The Spivey Law Firm

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If you or a loved one suffers serious injuries as a result of a DUI accident, or if you have lost a family member due to a drunk driving accident, attorney Randall Spivey will provide experienced, dedicated, and individualized representation to help you recover financially from your losses.

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The Florida Bar Association

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'To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence.' ~ From the Rules Regulating The Florida Bar

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When out for a night drinking, many people turn to rideshare apps like Uber or Lyft for getting home safely. This allows them to enjoy their night without risking driving intoxicated. In fact, the rise in popularity of rideshare apps has been shown to reduce DUI crashes.

But what happens if you made the responsible choice, but your driver did not? What happens if they are the one who is intoxicated, and gets pulled over or in an accident while you are a passenger?

Rideshare Companies and Liability

Uber and Lyft have a history of trying to avoid any liability when it comes to the actions of their drivers. They maintain that drivers are independent contractors and that the companies are merely software platforms to connect those drivers with passengers. Therefore, they argue, they are not the ones responsible for a driver's negligence.

However, lawmakers don't necessarily agree. Across the country, laws have been enacted to ensure Uber and Lyft provide insurance coverage for rideshare accident victims. This ensures that injured parties receive needed compensation if the driver's insurance has lapsed. Still, they don't make it easy for passengers to take advantage of this insurance. If you have been in an Uber or Lyft accident as a passenger, whether or not alcohol was involved, you should consult with a personal injury attorney to make sure you receive the settlement you are entitled to.

Rideshare companies do conduct thorough background checks of their drivers, and those drivers need to have current insurance on file to stay active on the app. To protect themselves from liability, they will reject people from driving on the platforms for serious crimes or driving infractions. However, unlike many companies that hire drivers, they will only deny a potential driver with a DUI conviction in the last seven years if there are other factors. Unless there are multiple DUIs, a high BAC, property damage, or recklessness involved, a DUI alone is not enough to disqualify someone from being a driver.

Of course, drivers are expected to be sober at all times when they are driving. Drivers caught intoxicated while transporting passengers are immediately removed from the platform.

What To Do if Your Uber Driver is Intoxicated

Being a passenger in a car when your rideshare driver is showing signs of intoxication can be a frightening experience. If your driving is swerving, weaving, tailgating, drifting in and out of lanes, driving off the road, or in other ways showing signs of intoxication, you want to exit the vehicle as soon as possible.

Notify the driver you would like to end the ride, and try to find a safe and well-lighted place for them to drop you off. Gas stations and shopping centers are always good options. From there, you can hail another ride, call a taxi, or contact a friend to get you the rest of the way home. If the driver is behaving belligerently or refusing to let you out, let them know you will call the police unless they allow you to exit the vehicle.

It is a wise idea to notify law enforcement of the impaired driver once you are safe. You should also contact the app's support to have your ride refunded, and the reckless driver deactivated from the platform.

If your driver is pulled over for a suspected DUI, remain calm. Open your window and notify the officers that you are a rideshare passenger. Wait for them to speak with the driver, and then ask if you can leave once they are done. End your current ride and call another. The officers may be able to assist you with getting a ride home, rather than being left on the side of the road.

The same holds true if your intoxicated driver gets into a collision. Notify emergency service that you are a rideshare passenger, and cancel the ride in the app. If you do not require immediate medical attention, call a new ride or find another way home.

If you had to end the ride due to driver intoxication, you are entitled to a refund for the ride. Often, the company will give you a credit as well. In addition, if you are injured in any way, you are also entitled to compensation for medical expenses, loss of work, and pain and suffering.

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What To Do If Your Uber Driver is Intoxicated

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When out for a night drinking, many people turn to rideshare apps like Uber or Lyft for getting home safely. This allows them to enjoy their night without risking driving intoxicated. In fact, the rise in popularity of rideshare apps has been shown to reduce DUI crashes.

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In many motor vehicle collisions, it is not difficult to determine who is at fault. Usually, it is due to one driver ignoring traffic laws, distraction, or reckless driving. But what happens if you get into an accident due to a tire blowout, or faulty brakes? Are you still legally liable for the damages caused by the accident? In most cases, the answer is yes.

Mechanical Failures That Can Lead to Accidents

Cars are large, dangerous vehicles, and there are a number of mechanical failures that can lead to car accidents:

Worn tires don't grip the road as well, which increases the stopping distance and makes the vehicle harder to control. They are especially dangerous on wet or icy roads. In addition, balding tires are more susceptible to blowouts.

Brake issues make it difficult to stop in time to avoid a collision. Faulty brake lines, worn pads or discs, and malfunctioning antilock systems can all affect brake performance.

Suspension problems such as worn springs, shocks and struts can cause shaking and make it more difficult to control the vehicle.

Faulty steering such as pulling or losing power steering can also make the vehicle hard to control and avoid collisions.

Burned-out lights can make it difficult to see other drivers, or for them to see you.

Transmission failure can reduce acceleration time, or cause the vehicle to break down while driving.

Vehicle Owner Liability

In general, it is the vehicle owner's responsibility to ensure that their vehicle is maintained to ensure safety. Failure to keep up on routine maintenance or get a dangerous issue repaired can be considered negligence in a car accident case. Being unable to afford the necessary repairs that keep the vehicle running safely does not absolve the owner of this responsibility.

Of course, it must be shown that the failure to repair the vehicle was the cause of the accident and that the owner previously knew about the problem but neglected to get it fixed. It is also the owner's responsibility to be aware of what routine maintenance is required, as that information is readily available in the owner's manual and online.

In addition, vehicles in need of maintenance and repair can be distracting to drive. It may be difficult to focus on your driving and other cars on the road if your vehicle is handling poorly due to a failing suspension system, or if your worn tires are causing the vehicle to slide. This is especially concerning as it has been shown that distracted driving can be just as dangerous as drunk driving, and sometimes even more so.

Third-Party Liability

There are cases in which the driver alone is not responsible for failing to fix a mechanical issue that caused an accident. If the vehicle was taken to a mechanic to fix the issue, the mechanic can be held liable if the repairs were faulty. The repair facility can be considered partially liable for an accident that causes injury if they overlooked or failed to fix an issue.

In addition, the vehicle manufacturer can also be liable if a defect contributed to the accident. If they failed to issue a recall or notify vehicle owners of a dangerous defect, the owners have no way to know that there is an issue to be corrected. If that defect leads to an accident, the manufacturer can be held at least partially responsible. However, if the driver knew about the defect and failed to get it repaired, the responsibility is on the driver.

Determining liability in these cases can be tricky, so it is recommended to consult with an experienced personal injury attorney if you have been in a car accident that was caused by a mechanical failure.

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What Happens If a Mechanical Failure Causes a Car Accident?

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In many motor vehicle collisions, it is not difficult to determine who is at fault. Usually, it is due to one driver ignoring traffic laws, distraction, or reckless driving. But what happens if you get into an accident due to a tire blowout, or faulty brakes?