Involved in a Florida DUI Accident? Here Are The Next Steps You Should Take

Florida is a vacation mecca, and not only for students on spring break. The sun and sand along with enjoying a few glasses of sparkling wine can make almost anyone forget common sense, which can mean getting behind the wheel after a few drinks. 

So, before you indulge in an adult beverage what are Florida’s legal alcohol consumption limits? This is something every visitor and resident should know. After all, you don’t want to endanger anyone else’s well-being.

What Are Florida’s DUI Laws?

Like most states, Florida clearly defines DUI offenses; anyone with a blood alcohol level of .08 and higher is considered legally intoxicated. To give you an idea of how little it can take to be considered legally intoxicated. Two glasses of wine can put your blood alcohol level above the legal limit. 

Florida statute 316.193 outlines the possible penalties for a DUI driving offense. Fines can range between $500 and $1,000 for first offenses. You may also be facing up to six months in jail. Repeated offenders can face up to five years in prison. If a minor is in the vehicle, DUI penalties significantly increase. For example, your first DUI conviction can result in 9 months in jail, if a minor was also in the vehicle.

If injuries are present, fines and potential jail time typically increase. You should also expect to pay vehicle towing and impound fines if you’re intoxicated behind the wheel.

Steps to Take After a DUI Accident in Florida

If your vehicle is struck by a suspected drunk driver, the experience can be life-altering. Injuries and property damage tend to be more severe in DUI accidents. 

As soon as you finish assessing your injuries, and those of any passengers, immediately report the accident to the authorities. Florida law does allow you to wait up to 10 days to report some types of vehicle accidents. However, this doesn’t apply if a driver is suspected of being under the influence.

You must remain at the accident scene and file a report with the authorities. Your report will serve as supporting evidence if you decide to pursue a claim against the intoxicated driver. So, along with reporting the accident, what other steps should you take to help protect a potential DUI collision claim?

Document the Accident Scene

Your injuries may require immediate medical attention, and this should be a priority. However, if you’re able, document the accident scene. Take pictures of your vehicle’s damage, along with its position. Where your vehicle ends up after the accident can help determine its cause. Get some shots of any visible injuries that don’t require immediate medical attention.

Your accident report will contain a lot of information about the accident, including the cause. However, pictures of the accident scene can make it easier for others to visualize the incident. If you notice any security cameras in the area, jot down the information. Your attorney can request the footage to help support your version of the events.

Get Witness Contact Information

Most traffic accidents are witnessed by at least one non-involved individual, which can be another driver or someone walking down the sidewalk. Hopefully, the witness stops to make sure everyone is okay.

Go ahead and get their contact information but don’t go into detail about the accident, which includes asserting the other driver may be intoxicated. Until the police arrive and administer a sobriety test, the driver is only suspected of being under the influence. If you mistakenly claim the accident is caused by the other driver’s level of intoxication, you may be opening yourself up to a liability lawsuit.

While it’s uncommon, the individual may try to sue you for falsely claiming they’re guilty of a DUI. Another reason you don’t want to get into accident details is anything you say can be used by the at-fault driver’s insurance company to try and devalue your claim.

Florida’s No-Fault Insurance Laws and DUI Accident Claims

To help simplify the accident claim process, Florida follows no-fault insurance laws, meaning that everyone files a claim with their insurance, regardless of fault. The state requires all drivers to carry liability and PIP (personal injury protection) insurance.

Your liability policy takes care of damage to the other driver’s vehicle and PIP covers most of your medical expenses. PIP also covers injuries your passengers may sustain in the accident, up to the policy’s cap. If you have a full-coverage auto policy, damage to your vehicle is typically covered.

So, PIP has caps and this can leave you with outstanding medical costs. PIP also doesn’t cover non-economic damages like mental anguish. To recover your outstanding damages, you can file a lawsuit against the at-fault driver, which is different from an insurance claim. Your lawsuit is filed in civil court. If your case is successful, a judge or jury will award you compensation for your remaining damages.

Something to note in your lawsuit is you can’t claim damages covered by your insurance. So, if PIP covers $50,000 of your medical expenses and you still owe $75,000, your lawsuit will list $75,000 for your healthcare costs.

How a Criminal Trial Can Impact Your Lawsuit

If your traffic accident is caused by an intoxicated driver, there’s a good chance they’ll face criminal charges. This is especially true if this isn’t the defendant’s first DUI charge or if the accident resulted in injuries. If a fatality occurs, criminal charges are almost always filed.

How can criminal charges impact your lawsuit? Typically, criminal charges don’t have an impact on a DUI accident lawsuit. One case is heard in criminal court and the other in civil court. A criminal court only imposes penalties on the defendant, it doesn’t award compensation for damages. However, you may be able to use a guilty verdict to help support your lawsuit.

Learn More About Your Rights After a DUI Accident

A DUI accident can happen to anyone—if you’re injured in an accident with a suspected intoxicated driver, you may be able to receive compensation for your damages. Speaking with an accident attorney will help you understand your options. 

Taking legal action can provide the support needed for your recovery and hold the responsible party accountable. Your attorney can guide you through the process and advocate for your rights every step of the way.

So remember enjoy your sparkling wine, but don’t drive!