Drunk Driving Accident
Driving accidents are caused by the carelessness or negligence of the driver. In this case, the human factor plays a large role. But when a driver drives under the influence, it is not only negligence, but also a crime. Florida has severe penalties for those who commit DUI accidents. In this case, the driver faces not only a hefty fine and loss of a vehicle operator’s license, but also actual jail time. Despite the fact that the federal and local authorities are struggling with drunk driving incidents, statistics show that several thousand people die each year on the roads because of drunk drivers. If you or a loved one has been the victim of a drunk driving accident, you can contact an experienced Florida Drunk Driving Car Accident Lawyer. He or she can help you gather evidence of the DUI participant’s guilt and obtain fair compensation, including proportional payments for punitive damages. It can also help to objectively defend the DUI offender who was driving under the influence.
Florida Drunk Driving Accident Lawyer
After a serious DUI incident in Florida, you may be wondering how to choose the best DUI lawyer to help you not only to handle issues related to the driver of the vehicle, but also to help you prepare a claim for fair compensation. DUI issues are complex and require detailed consideration of the circumstances of a drunk driving car. There are several factors to consider before choosing an experienced Florida drunk driving accident attorney, such as:
- Whether the attorney has had practical experience in handling alcohol related cases, including drunk driving accidents, in the past.
- Whether the lawyer has experience communicating with the police, experts, and insurance companies.
- Whether the Auto Injury Lawyers you choose will always have time available to handle your case.
- Whether the Intoxicated Driver Attorney has the available funds to be paid while handling Florida Drunk Driving Crash cases.
- What evaluations and reviews have clients left for your chosen lawyer.
With objective performance data from your chosen Florida Drunk Driving Accident Attorney, you can expect to have a successful case with insurance companies and court panels.
What to do if you're injured by a drunk driver in Florida
DUI accidents are generally accepted rules of conduct that require everyone involved in an accident to act together.
- Always stay at the scene of a drunk driving accident, even if you were not drunk at the wheel. However, the law does not prohibit you from pulling your car to the side of the road so as not to interfere with other vehicles. In a head-on crash, cars may not be removed from the scene of the incident.
- Check for injuries to yourself and others involved in the incident. If medical assistance is needed, notify the operator immediately by calling 911. If you can help the other person before doctors arrive, such as if they have head traumas, perform the necessary procedures. However, if the drunk driver of another vehicle continues to behave aggressively, stay in your vehicle until the police and medical services arrive.
- After the traffic officer arrives, do not interfere with his/her investigation and take an alcohol test. Do not give the police officer your opinion of who is at fault in DUI in Florida. An objective assessment of guilt will be shown by a detailed examination. You may refuse the alcohol test administered at the scene of the accident. You will only have 4-6 hours to complete the test yourself (at your own expense). Otherwise, if you absolutely refuse the alcohol test, you will be responsible for the Florida drunk driving crash.
- Report the DUI in Florida to your insurance agent. The insurer may then come to the scene of the DUI accident. Do not sign paperwork with the agent, so you won’t lose future reimbursement or other compensation payments.
Be sure to contact your Florida drunk driving accident attorney for detailed advice on how to proceed.
Florida Drunk Driving Laws
In Florida, driving under the influence is not only a violation of traffic laws, but also a serious crime. Under the law, a person is considered a drunk driver if he or she has a blood alcohol content (BAC) of 0.08. It will not necessarily be considered if the driver is driving a vehicle. It is also possible to become a drunk driver if you are just sitting behind the wheel. Under certain circumstances, drunk driving will be recognized and you will have a BAC of 0.08. For example, this applies to drivers under the age of 21, as well as cases where the examination showed that even a low amount of alcohol has signs of impaired “normal ability” to drive. You can find out how to properly calculate the presence of alcohol in your body by contacting our attorney. This will also help you avoid possible foul play by the police officer.
Penalties for driving under the influence
The state has a graduated system of penalties for DUI in Florida. There are three levels of penalties, depending on what the circumstances and consequences were from DUI accidents. The offense level provides three categories of violations for drunk drivers, which include actual jail time, fines, license revocation, and IID lockout restriction. If you have one of these violations, you can use the services of an intoxicated driver attorney, who will help you check the results of the assessment and, if necessary, prepare objections to the prosecutor or other appropriate person.
First DUI conviction
The jail time for a DUI violator is set at up to six months. Fines range from $500 to $1,000. Vehicle operator’s license is revoked for 180 to 365 days. If BAC is found to be greater than 0.15%, the IID is blocked for 6 months. There is also an additional 12-month probationary period for a drunk driving accident.
Second DUI conviction
A second drunk driving conviction carries stiffer penalties. Penalties are $1,000 to $2,000. You could be jailed for up to 9 months and have your license revoked for 180 to 365 days. The IID is blocked for 24 months. The offense will be considered a second offense if it occurred no later than 5 years after the first conviction.
Third DUI conviction etc.
The toughest DUI penalties in the state of Florida are for the third DUI conviction. Jail time is no more than 12 months. Penalties range from $2,000 to $5,000, and the driver’s license is revoked for 180 to 365 days. IID blocking for a period of 2 years. A third offense will be considered a DUI violation if it was reported within 10 years of the second DUI accidents decision.
In addition, after each DUI accident, the driver must take an alcohol and drug abuse prevention course. Completion of the course is mandatory, and if the offender fails to attend such courses, the judge has the right to permanently suspend the vehicle operator’s license. The use of certain drugs is also considered a DUI. To reduce adverse penalties and fines, we recommend contacting our attorney for help and assistance with settlement.
Florida and U.S. Drunk Driving Statistics
In 2019, the State Department of Safety provided the following statistics on DUI accidents:
- confirmed crashes – 4,984
- fatalities – 351
- confirmed fatalities – 378
- accidents with personal injury (disabling) – 262
- accidents with disabling injuries – 425
- accidents with general personal injury – 1,462
- other injuries – 2,639
In addition, there are separate statistics for accidents where the driver was under the influence of drugs:
- confirmed cases, 730;
- fatalities, 381;
- disabilities – 65;
- other injuries as a consequence of driver’s drug use – 2,261.
Thus, the statistics are alarming and a drunk driver is considered a potential danger to road users.
Filing a Florida Drunk Driving Lawsuit
Under state law, you have a statute of limitations period, which is four years. During this period of time, you can file a lawsuit against the at-fault party. It is recommended that you do not delay the issue of your legal case and seek help from your Auto Injury Lawyers immediately. If you miss the statute of limitations, the court and the insurance company will not pursue the case and consider your claim.
Is Your Insurance Valid If You Are Drunk?
Your insurance is valid for all situations that result in a car accident. But if you have a history of drunk driving, penalties and jail time will be considered first. If you are injured, you can expect to receive compensation under your insurance. Other than that, it’s worth keeping in mind the rule of comparative fault. For example, if you expect to receive $60,000 in compensation and your fault is only 40%, you may be able to receive $36,000 in compensation. However, if your fault is more than 50%, then your compensation would be $0. We recommend getting help and clarification from your Intoxicated Driver Attorney in this situation.
Pursuing Compensation for Injuries Caused by a Drunk Driver
Depending on the circumstances of the incident involving a drunk driver or someone who was driving under the influence of drugs, you may be entitled to the following types of compensation payments:
- Economic compensation – Medical bills, lost wages, inability to perform your job duties normally in the future, and the purchase of rehabilitation equipment.
- Non-economic compensation – Pain and suffering, loss of enjoyment of life, loss of consortium for family members of a car accident victim.
Each type of compensation needs to be substantiated and proven, which an experienced lawyer can help you with.
Get a free consultation
A car accident involving a drunken vehicle operator can make a big difference in your life. To get justice, you not only need to punish the guilty party, but also to receive compensation. Seek help from our attorney and get a free consultation for your case.
References and Resources:
https://www.flhsmv.gov/pdf/crashreports/crash_facts_2019.pdf
https://www.nolo.com/legal-encyclopedia/florida-dui-dwi-33644.html
https://www.dolmanlaw.com/florida-drunk-driving-accident-attorney/
https://www.anidjarlevine.com/areas-we-serve/florida/car-accident-lawyer/drunk-driving/
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