What to Do if You Have Been in an Accident With an Intoxicated Driver

What to Do if You Have Been in an Accident With an Intoxicated Driver

At Aronberg & Aronberg, Injury Law Firm, we understand the challenges and complexities that arise when dealing with accidents involving intoxicated drivers. Driving under the influence (DUI) is a serious offense that can have devastating consequences for victims. In this article, we provide comprehensive guidance on what steps you should take if you’ve been in an accident with an intoxicated driver and discuss important legal aspects related to liability and DUI in the state of Florida.

In the Aftermath of DUI Accidents

If you find yourself in a situation where you’ve been involved in an accident with an intoxicated driver, follow these steps to protect yourself and your rights:

    1. Ensure Safety: First and foremost, ensure the safety of everyone involved. Move to a safe location if possible and seek immediate medical attention for any injuries. Do not attempt to confront or engage in arguments with the intoxicated driver.
    2. Contact Law Enforcement: Call 911 immediately to report the accident and request assistance from law enforcement officers. They will document the scene, gather information, conduct sobriety tests if necessary, and create an official report of the incident.
    3. Gather Evidence: While waiting for law enforcement to arrive, gather as much evidence as possible. Take photos or videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries sustained by yourself or passengers. Collect contact information from witnesses, including their names, phone numbers, and statements regarding what they observed.
    4. Exchange Information: Exchange insurance and contact information with the other driver involved in the accident. Obtain their driver’s license details, vehicle registration information, and insurance policy number. Avoid discussing fault or making accusations at the scene, as these matters will be determined through legal procedures.
    5. Seek Medical Evaluation: Even if you feel okay initially, it’s crucial to undergo a thorough medical evaluation by healthcare professionals. Some injuries, such as whiplash or internal trauma, may not be immediately apparent but can develop symptoms later. Document all medical examinations, treatments received, and follow-up appointments.
  • Seek Legal Counsel: Your next move should be to contact the attorneys at Aronberg & Aronberg. We will work with you to create a plan of action to secure the damages to which you may be entitled.

Liability and DUI in Florida

It’s important to understand the legal aspects of liability and DUI in the state of Florida. While driving under the influence is a serious criminal offense, it does not automatically establish liability in a civil case for damages. To establish liability in a DUI accident case, the following factors are typically considered:

  • Proving Negligence: Victims must demonstrate that the intoxicated driver acted negligently by operating a vehicle while impaired by alcohol or drugs, and that this negligence directly caused the accident and resulting injuries.
  • Comparative Fault: Florida follows a comparative fault system, where each party’s degree of fault is considered in determining damages. Even if the intoxicated driver is partially at fault, victims may still be eligible for compensation based on their percentage of fault.
  • Insurance Coverage: In DUI accidents, insurance coverage may play a significant role in determining compensation. Victims may seek damages through the intoxicated driver’s insurance policy, their own insurance coverage (such as uninsured/underinsured motorist coverage), or pursue legal action against the at-fault driver directly.

Cannabis and Narcotics: DUI Considerations

In Florida, driving under the influence extends beyond alcohol to include cannabis and other narcotics. If a driver is impaired by any substance that affects their ability to operate a vehicle safely, they can be charged with DUI. It’s important for drivers to understand the legal limits and consequences of driving under the influence of drugs, including prescription medications that may impair driving abilities.

Accidents involving intoxicated drivers can have far-reaching consequences, impacting victims physically, emotionally, and financially. If you’ve been in an accident with an intoxicated driver, don’t hesitate to seek individualized legal guidance. Contact Aronberg & Aronberg, Injury Law Firm, for a free consultation. Our experienced attorneys are here to advocate for your rights, assess the details of your case, and help you navigate the legal complexities of DUI accidents. Take the first step towards justice and fair compensation by contacting us today.

Views: 6