Yes, you can sue an underage drunk driver for personal injury in Jacksonville. Florida law allows victims to seek compensation from drivers who cause accidents, regardless of age.
Below are some key points you need to understand:
- Liability: Underage drivers are responsible for the damages they cause while driving drunk.
- Parental responsibility: In certain situations, parents may also be liable for their child’s actions.
- Insurance coverage: The underage driver’s family’s auto insurance policy may cover damages.
- Dram shop laws: Businesses that illegally served alcohol to the underage driver may also be held liable.
- Statute of limitations: In Florida, you generally have two years from the date of the accident to file a lawsuit for personal injuries, including those arising from motor vehicle accidents.
- Comparative negligence: Your compensation may not be in full if there’s a slight chance you caused the accident.
Discovering that the drunk driver who hit you is underage can be confusing and raise many questions. You might be wondering, “Can I really sue a minor?” or “Will their parents be held responsible?” Regardless, it’s important to take steps to protect your rights, even if it means pursuing legal action against a minor.
Many considerations in this situation
There are unique legal aspects of accidents involving underage drunk drivers. Liability may fall on the underage driver and, in some cases, their parents or businesses that illegally provided the alcohol (under Florida’s dram shop laws). Insurance coverage and comparative negligence are also important factors.
To understand how these specific legal issues may apply to your situation and affect your ability to recover compensation, consider consulting with a personal injury lawyer.