Drunk Driver Strikes Pedestrian in Pompano Beach
A man was hospitalized over the weekend after he was struck by a drunk driver in Pompano Beach. Joachin Polidor was crossing the 1100 Block of East Atlantic Boulevard when he was struck by a 2007 Ford Mustang on Saturday afternoon. The vehicle was being driven by 18 year-old Kyle Gerhart. Polidor, 57, was about 100 feet from the crosswalk while crossing the road. After the initial impact with Polidor, Gerhart’s vehicle collided with a Hyundai Tucson that had been stopped at the intersection. Polidor was transported to Broward Health North by the Pompano Beach Fire Rescue and remains in critical condition. Gerhart was apprehended and is facing charges for DUI, DUI with serious bodily injury, DUI property damage, reckless driving, reckless driving with serious bodily injury and reckless driving with property damage. A witness has come forth and indicated that he observed Gerhart driving recklessly just before the accident. According to officials, Polidor was just a few minutes from his home at the time.
South Florida is famous for its bars and nightlife. Unfortunately, it is also a hotbed for drunk and intoxicated drivers. People getting into cars and driving after long bouts of drinking can have dire consequences. Serious injuries and even death can result from accidents caused by drunk drivers. Some of the direct maladies that can be caused by an accident with a drunk driver are lumbar and spinal injuries, neck injuries, and brain injuries amongst a bevy of other afflictions. Lost wages and extensive medical bills can also be the by-products of such accidents.
In order to prove liability in an auto accident claim, four elements must be established: 1) duty; 2) breach; 3) causation; and 4) damages. It must first be shown that the defendant owed a duty to drive responsibly and safely. Secondly, it must be shown that the defendant’s actions were in fact a breach of that duty. Drunk driving, as referenced above, is a good example of a breach of the duty a defendant might owe to a victim to drive responsibly. Once the Izquierdo Law Firm can establish that there was indeed a duty owed to the victim and that the duty was breached, negligence is established. However, in order to recover for the defendant’s negligence, it must also be proven that there were actual damages and that the defendant’s negligence actually caused the damages. Many times, an insurance company will try to allege that the injuries caused were pre-existing and not actually caused by the defendant’s negligence. The insurance companies do this in order to avoid liability. At the Izquierdo Law Firm, we work closely with medical experts in order to prove that the injuries caused were in fact due to the negligence of the defendant as opposed to a pre-existing injury sustained by the victim prior to the accident.
When an accident results in the personal injury or the death of a loved one, you should definitely consult an experienced attorney who can properly apprise you of your rights. Auto insurance companies know the process all too well, but who is looking out for your interests? At the Izquierdo Law Firm, our experienced team can help you navigate the process and ensure that your rights are protected. Call us today for a free consultation.