Drunk driving is a serious issue in Florida, leading to thousands of preventable accidents every year. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that in 2020, nearly 11,654 people lost their lives in alcohol-impaired driving accidents nationwide, with Florida ranking as one of the states with the highest rates of DUI-related fatalities.
If you or a loved one has been involved in a drunk driving accident in or near Lake Worth, understanding how to handle the aftermath is crucial, both for your physical recovery and for pursuing legal action against the responsible party.
In this guide, we’ll explore the steps you need to take after a drunk driver accident and explain how a Florida DUI lawyer can help you through the process.
1. Ensure Safety and Seek Immediate Medical Attention
The first and most important step after any car accident is to ensure that you and anyone else involved are safe. If possible, move your vehicle out of traffic to avoid further collisions, but only if it’s safe to do so. Make sure to check yourself and passengers for injuries.
Even if you feel okay after a drunk driving accident, it’s important to seek medical attention. Many injuries, such as concussions or internal damage, may not be immediately apparent after the crash. Medical documentation is also essential for any future personal injury claims you may pursue against the drunk driver.
In Florida, you have 14 days to seek medical care if you want to be eligible for personal injury protection (PIP) benefits, which cover up to $10,000 in medical expenses, regardless of who is at fault.
2. Call the Police and File a Report
After ensuring your safety, you need to contact law enforcement immediately. Reporting a drunk driving accident is critical not only for public safety but also for establishing a legal record of the incident. The police will assess the scene, gather evidence, and if the driver is intoxicated, they will likely arrest the individual for driving under the influence (DUI).
The police report will serve as an important piece of evidence in your case, especially if the driver is found guilty of DUI. Make sure to obtain a copy of the police report as it will be necessary for both your insurance claim and any legal action you take.
3. Gather Evidence at the Scene
While waiting for law enforcement to arrive, if you’re able, gather as much evidence as you can at the scene. This includes taking photos of the vehicles, the surrounding area, and any visible injuries. If there are any witnesses, ask for their contact information and statements, as their testimony may prove valuable later on.
If the driver shows signs of intoxication, such as slurred speech, erratic behavior, or the smell of alcohol, make note of that as well. This could bolster your case if the driver tries to deny they were drunk at the time of the accident.
4. Do Not Admit Fault
It’s important to be cautious about what you say after the accident. Even if you feel partially responsible, avoid admitting fault. Florida follows a “pure comparative negligence” rule, meaning that fault can be shared between parties, and your compensation may be reduced based on the percentage of fault assigned to you.
Let the police and your lawyer handle any discussions about fault. Anything you say can potentially be used against you by the opposing party’s insurance company or in court.
5. Contact a Florida DUI Lawyer
One of the most critical steps after a drunk driver accident is consulting with a qualified Florida DUI lawyer. Personal injury cases involving DUI can be complex, and having a knowledgeable attorney on your side can make all the difference in securing fair compensation.
A DUI lawyer will help you in several ways, including:
- Investigating the accident: Your lawyer will gather additional evidence to prove the driver’s intoxication, such as Breathalyzer results, witness statements, and police reports.
- Communicating with insurance companies: Dealing with insurance companies can be stressful, and they may try to offer you a low settlement. A Florida DUI lawyer will handle all negotiations on your behalf, ensuring that you receive the compensation you deserve.
- Filing a lawsuit if necessary: If negotiations with the insurance company are unsuccessful, your attorney can help you file a personal injury lawsuit to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages.
- Pursuing punitive damages: In DUI cases, you may also be entitled to punitive damages, which are designed to punish the drunk driver for their reckless behavior. A skilled DUI lawyer can assess whether your case qualifies for these additional damages.
6. Understand Your Legal Rights
In Florida, victims of drunk driving accidents are entitled to seek compensation for their injuries and other losses. This can include:
- Medical expenses: Both current and future medical bills, including emergency room visits, surgeries, rehabilitation, and medication.
- Lost wages: If your injuries prevent you from working, you can recover lost wages and any reduction in earning capacity.
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the accident.
- Property damage: Costs to repair or replace your vehicle and other personal property damaged in the accident.
The legal process can be overwhelming, but with the right DUI lawyer, you can confidently navigate your options and pursue justice.
7. Dealing with Insurance Companies
When dealing with the aftermath of a drunk driving accident, insurance companies may try to offer you a quick settlement to close the case. While it may be tempting to accept, especially if you’re facing mounting medical bills, it’s essential to consult with a lawyer before making any decisions. Initial settlement offers are often far below what you’re entitled to, and accepting one could prevent you from pursuing further compensation later.
Your Florida DUI lawyer will handle negotiations with the insurance companies, ensuring you get a fair settlement based on the full extent of your damages.
8. Prepare for Possible Litigation
While many DUI accident cases are settled out of court, some may require litigation if the insurance company refuses to offer adequate compensation. A lawyer can prepare your case for trial, should that become necessary, and represent you in court to fight for your rights.
Litigation can be time-consuming and complex, but a qualified attorney will guide you every step of the way and work to secure the best possible outcome.
Take Action Today
If you’ve been injured in a drunk driving accident in Lake Worth, you don’t have to face the legal process alone. The team at Adolphe Law Group is here to help you every step of the way. As experienced Florida DUI lawyers, we will fight to ensure you receive the compensation you deserve for your injuries and losses.
Don’t wait—contact Adolphe Law Group today at (561) 660-7776 to schedule your free consultation for Drunk Driver Accident. Let us handle the legal complexities while you focus on your recovery.