If you or a loved one is the victim of a drunk driving accident, you have clear rights under Florida law. Not only can drunk drivers be held accountable for the consequences of their poor decisions, but, in many cases, bars and other establishments can be held accountable as well.
With that said, asserting your legal rights after a drunk driving accident in Florida is not easy. As a result, you must take action promptly—and this starts with contacting a lawyer as soon as possible.
5 Key Pieces of Information for Drunk Driving Accident Victims and Their Families
If you are facing the life-altering consequences of a serious or fatal drunk driving auto accident in Florida, here are five key pieces of information you need to know:
1. It Is Up to You to Take Legal Action
Even if the police took the drunk driver into custody at the scene of the accident, it is still up to you to take legal action. While the drunk driver may be facing criminal charges for DUI, vehicular assault, or vehicular homicide, the criminal justice and civil justice systems are completely separate. In order to seek compensation for your losses resulting from the accident, you will need to file a personal injury or wrongful death claim in civil court.
With that said, as a practical matter, recovering financial compensation after a serious or fatal drunk driving accident usually involves dealing with the insurance companies. After filing a claim, your lawyer will work to obtain a just insurance settlement on your (or your family’s) behalf. As we discuss in greater detail below, while this may involve dealing with the drunk driver’s insurance company, you may have other legal options as well.
2. There Are Several Ways to Establish Accountability for a Drunk Driving Accident
If you are dealing with the aftermath of a drunk driving accident, you can—and should—seek to hold the drunk driver fully accountable. Drunk driving is negligent driving, and there is no question that drunk drivers deserve to be held accountable when they cause serious or fatal injuries.
But the unfortunate reality is that most drunk drivers don’t have the financial resources they need to adequately compensate victims and their families. As a result, victims and their families must often look to other sources of financial recovery. Depending on the circumstances of your (or your family’s) case, this may involve filing a claim against:
- The Drunk Driver’s Insurance Company – If the drunk driver has liability insurance, you can—and should—file a claim with the drunk driver’s insurance company. While this coverage isn’t mandatory in Florida, some drivers purchase it optionally.
- Your (or a Family Member’s) Insurance Policy – If you or a member of your household has uninsured/underinsured motorist (UIM) coverage under an auto insurance policy, now may be the time to use it. When you file a UIM claim, your (or your family member’s) insurance company “stands in the shoes” of the drunk driver’s insurer.
- A Bar or Another Establishment that Overserved the Drunk Driver – Under Florida’s “dram shop” law, bars and other establishments can be held liable for drunk driving accidents in some cases. If your (or your family’s) lawyer can file a dram shop claim, this could help maximize the amount of insurance coverage that is available.
It is also important to note that while it will often be possible to prove that an at-fault driver was drunk, this isn’t strictly necessary in all cases. If the at-fault driver was speeding, ran a red light or stop sign, or committed any other traffic violation that played a role in the collision, this can also provide grounds to seek financial compensation. In other words, victims and their families will have a variety of options in most cases, and an experienced auto accident lawyer will be able to identify and pursue all viable options on your (or your family’s) behalf.
3. But, It Is Important to Investigate Promptly
With that said, it is important to investigate promptly. From tire marks on the pavement to debris on the side of the road, various forms of evidence can disappear if they are not promptly preserved. It is important to promptly talk to any eyewitnesses as well. While every case is unique, generally speaking, the sooner you take action, the easier it will be to prove what happened, why it happened, and who (or what business) is legally responsible.
When investigating your (or your loved one’s) accident, an experienced lawyer will work with investigators, accident reconstructionists, and other experts to piece together the events leading up to the crash. Some examples of the types of evidence lawyers can use to prove liability for a serious or fatal auto accident include:
- Forensic evidence from the accident scene (i.e., tire marks and debris)
- Driver statements and testimony
- Eye witness statements and testimony
- Traffic camera and surveillance camera footage
- Dashcam and cell phone camera footage
- Accident reconstruction
- Expert reports and testimony
- Cell phone records
- Vehicle GPS and telematics data
- Receipts, account statements, and other forms of documentation
The police report can be useful in many drunk driving accident cases as well. While the police report itself may not be admissible in court, it could still contain key information that your (or your family’s) lawyer can use to identify other sources of evidence. For example, if the police report indicates that the driver admitted to drinking at a bar before the accident, this could lead to investigating a dram shop claim—and the drunk driver’s receipts, surveillance camera footage from the bar, and sworn statements from employees or other patrons could all be available to prove your (or your family’s) legal rights.
Not all forms of evidence will be available in all cases, and you don’t necessarily need multiple forms of evidence to prove that you have a claim.
After examining the evidence that is available, your (or your family’s) lawyer will assess whether the evidence is sufficient to substantiate a claim. It is extremely important that you rely on a lawyer to make this assessment. You do not want to make any assumptions about your (or your family’s) legal rights in this scenario, and you do not want to simply accept the insurance companies’ version of the events.
4. Victims of Serious Accidents and Their Families Can Seek Compensation for Financial and Non-Financial Losses
Why shouldn’t you rely on the insurance companies’ version of the events? There are two related—and equally important—reasons.
First, the insurance companies do not have your (or your family’s) best interests in mind. The insurance companies always put their interests first. If the insurance companies investigate the accident (which they should once you file a claim), they will do so with a focus on finding ways to deny liability.
Second, the losses resulting from serious and fatal drunk driving accidents can be substantial. If you have a claim for a serious or fatal accident in Florida, you are entitled to seek compensation for your (or your family’s) financial and non-financial losses. Typical financial losses include:
- Medical bills and other out-of-pocket expenses (including funeral and burial expenses in wrongful death cases)
- Loss of income and benefits
- Loss of future earning capacity
Typical non-financial losses include:
- Pain and suffering
- Emotional distress and post-traumatic stress disorder (PTSD)
- Loss of companionship, consortium, and enjoyment of life
Just as you should not rely on the insurance companies to investigate the accident and assess liability, you also should not rely on the insurance companies to calculate your losses. Not only do they not have your best interests in mind, but they also do not have access to the information they need to accurately assess the value of your claim.
From your (or your loved one’s) medical records to documentation of the lifetime non-financial losses you and your loved ones are likely to endure, proving the value of your claim requires multiple forms of evidence. The insurance companies will not have access to this evidence directly—instead, you will need to rely on your (or your family’s) lawyer to gather and present this evidence on your behalf.
5. It Costs Nothing Out-of-Pocket to Hire a Lawyer in This Scenario
When you need to seek accountability for a serious or fatal drunk driving accident in Florida, it costs nothing out-of-pocket to hire a lawyer to represent you or your family. Personal injury and wrongful death lawyers generally handle these cases on a contingency-fee basis. This means:
- Your initial consultation is 100% free and without obligation.
- You will not have to pay a retainer fee or monthly legal bills; and,
- You will only incur legal fees if your (or your family’s) case is successful.
If your (or your family’s) case is successful, your legal fees will be deducted from the financial compensation recovered. The amount deducted will be a percentage of your (or your family’s) total settlement or verdict—and this percentage will be disclosed before you hire a lawyer to represent you.
While there are no guarantees, hiring an experienced lawyer is an essential step toward seeking accountability for a serious or fatal collision. If you have a claim for a drunk driving accident in Florida, here are just some of the ways an experienced personal injury or wrongful death lawyer will be able to help:
- Explaining your (or your family’s) legal rights under Florida law
- Conducting a comprehensive investigation at the accident scene
- Working with the local police or other local law enforcement authorities as warranted
- Working to obtain receipts, footage, and any other evidence that may be available
- Filing a claim before the statute of limitations expires
- Dealing with the insurance companies on your behalf
- Calculating the financial and non-financial losses you are entitled to recover
- Negotiating for a just settlement under the circumstances at hand
- Showing the insurance companies that you are prepared to go to court (which can be important during settlement negotiations)
- Fighting for justice in civil court if necessary
Again, these are just examples. Since talking to a lawyer costs you nothing, you have no reason not to seek legal advice in this scenario. Conversely, there are lots of reasons to put an experienced lawyer on your side. Our lawyers are available to speak with you, and we strongly encourage you to get in touch so that we can help you move forward with confidence.
Discuss Your Drunk Driving Accident Case with a Lawyer at Silva & Silva in Coral Gables, FL
If you are facing the consequences of a serious or fatal drunk driving accident in Florida, we are here to help. To discuss your case with an experienced lawyer at our Coral Gables law offices as soon as possible, please call 305-445-0011 or tell us how we can reach you online today.