Fort Myers Personal Injury Attorney Randall L. Spivey Achieves Settlement for Victim of Drunk-Driver AccidentSeptember 24, 2020 | Category: DUI Accidents, Uninsured Motorist Claims | Share
Fort Myers Personal Injury Attorney Randall L. Spivey achieved a settlement for our client who was seriously injured when a drunk driver crashed into his vehicle in Fort Myers, Florida.
After both the at-fault driver’s and our client’s insurance companies refused to make reasonable settlement offers, Spivey Law Firm, Personal Injury Attorneys, P.A. filed a lawsuit against the drunk driver and our client’s underinsured motorist insurance carrier to obtain just compensation for our client.
The client’s damages exceeded the limits of the drunk driver’s bodily injury insurance coverage, and because our client elected uninsured motorist coverage under his own policy, our client was entitled to additional insurance coverage and had a claim against his underinsured motorist insurance carrier who “stepped into the shoes of the underinsured motorist” and could be responsible for damages up to the underinsured motorist insurance limits purchased by the client.
It is very important to have uninsured/underinsured motorist insurance coverage, and this case highlights the importance of purchasing uninsured/underinsured motorist coverage through your own policy so that if a negligent driver does not have any bodily injury coverage (which is not legally required in Florida) or does not have sufficient bodily injury coverage (as the drunk driver did here), there is adequate insurance to cover your damages. This valuable coverage may protect you as well as any relatives that reside with you and your occupants. Fort Myers Car Accident Attorney Randall L. Spivey recommends everyone elect stacking uninsured motorist coverage of at least $100,000 per person, $300,000 per accident, in their automobile insurance policies. An umbrella insurance policy providing bodily injury coverage and uninsured motorist coverage is also recommended.
Our client suffered significant neck injuries in the car accident. The drunk driver denied liability for the accident and even blamed our client for causing the crash. Furthermore, the defendants disputed that our client was injured in the car accident and argued that his injuries were “pre-existing” and the result of degenerative changes in his body rather than acute injury from the car accident.
Spivey Law Firm, Personal Injury Attorneys, P.A. aggressively pursued the lawsuit on behalf of our client, the victim of this reckless car accident. Even though the defendant driver never submitted to alcohol tests following the crash and pled down from a DUI to reckless driving in the criminal case, Spivey Law Firm, Personal Injury Attorneys, P.A. developed evidence in the civil case through the use of depositions that the defendant driver failed field sobriety exercises and exhibited behaviors consistent with drunk driving, including glassy eyes and smelling like alcohol.
Spivey Law Firm, Personal Injury Attorneys, P.A. developed testimony at the deposition of the investigating officer in the civil case that the officer’s opinion within a reasonable degree of probability was that the defendant driver was impaired to the extent his normal faculties were impaired at the time of the car accident and therefore should not have been driving. Before eliciting this testimony, Spivey Law Firm, Personal Injury Attorneys, P.A. laid the proper foundation for showing the officer was experienced and qualified to offer scientific opinions regarding impairment and followed reliable and admissible methodology. This testimony was critical because a plaintiff who alleges a negligent driver was drunk has the burden in court of proving within a reasonable degree of probability that the driver was “impaired to the extent their normal faculties are impaired.” Proving this in a civil case requires careful investigation and consideration of Florida law regarding the burden of proof and evidence admissibility standards.
Additionally, even though the defense hired expert witnesses to opine that our client did not suffer any permanent impairment as a result of the crash, Fort Myers Personal Injury Attorney Randall Spivey effectively argued through the use of detailed medical evidence that our client sustained a permanent impairment to his cervical spine as a result of the crash.
Through aggressive and effective representation, Fort Myers Car Accident Attorney Randall Spivey achieved a settlement in favor of our client that fairly compensated our client for his significant injuries as a result of the car accident caused by this reckless drunk driver. Fort Myers Personal Injury Attorney Randall L. Spivey has extensive experience litigating personal injury cases on behalf of victims of drunk drivers throughout the state of Florida.
“If you or a loved one has been injured in a vehicle accident because of the negligence of another, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. We are available 24/7, and there are no costs or attorney fees unless we receive a monetary recovery for you,” said Fort Myers Personal Injury Attorney Randall Spivey.
Fort Myers Personal Injury Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.