Steps to Follow After Being Hit By a Drunk Driver

Drunk driving is one of the leading causes of motor vehicle accidents in South Florida and around the country. Although driving intoxicated is illegal, people still drive under the influence and establishments still serve obviously intoxicated people. Drivers who are under the influence of recreational drugs, prescription medication, or alcohol are much more likely to be involved in a car crash. This is due to the fact that some drugs can slow down driver reaction time, impair judgment and diminish a driver’s sense of balance and coordination while on the road. Nowadays, impaired driving can involve more than just alcoholic beverages. If a drunk driver causes your injury, there are a variety of different laws and regulations that can apply to your future claim or case in Florida. When an impaired driver causes a crash in Florida, they face criminal penalties and civil liability for any injuries or damages caused by the accident.

Sometimes, the person at fault for your accident is cooperative and kind, but often that is not the case. A Miami car accident attorney can fight to protect your legal rights and hold the responsible party accountable for their actions. Additionally, hiring an attorney helps cut through the red-tape that can keep you from receiving a proper settlement. If you are involved in a car accident and suspect it was caused by a drunk driver, it is important to understand what to do in the aftermath in order to protect your legal rights. In this blog post, we will provide some suggestions on what to do and not do if you or a family member is involved in a car crash caused by a drunk driver.

Notify Police

The first thing you should do is check to see if you or any of your passengers is hurt. If anyone is hurt, call 911 immediately for assistance. In any event, you should still call the police. By contacting the police, you are protecting your rights because this ensures that there will be a document that proves the accident actually happened. A police report and supporting documentation will become crucial when making an insurance claim or filing a lawsuit for damages against the drunk driver.

Exchange Contact Information

Once you have moved to a safe place or moved your vehicle out of the roadway, you should try to exchange contact information if the circumstances allow for it. If not, you can wait for the police officer to arrive on the scene. If you were hit by a drunk driver, this can obviously be difficult. If you try to speak with the other driver and notice signs of inebriation, take note of what you see, hear, and smell. You may want to write your observations down so that you can remember better later. If the other driver is reasonably coherent, exchange personal, contact, and insurance information.

Let The Police Know That You Believe The Other Driver is Impaired

Sometimes, it is not easy to determine whether someone is inebriated based on a brief discussion. When the police arrive on the scene, let them know about your suspicions. The police officers will take it from there. The police can then measure the driver’s blood alcohol content level and gauge whether the driver is showing signs of being impaired. If the police believe alcohol or drugs were involved in the accident, they are likely to arrest the other driver and ticket them for a DUI.

Take Photos and Gather Evidence

If you are able to, it is highly recommended that you take several photographs showing the scene of the accident. Use your phone to take pictures of your vehicle, any other vehicles involved, and the scene surrounding the accident, such as broken road signs or fences or tire marks on the pavement. Find out, if possible, where the other driver was drinking and track down any witnesses. In these cases, an attorney can be particularly helpful because they can work on contacting the bar, interviewing witnesses, and securing video footage of the drunk driver if available. This information, particularly in the bar and restaurant industry, has a way of disappearing very quickly, and if it’s not obtained early it may be impossible to obtain later.

Find Out if You Are Entitled to Compensation Under Florida’s Crimes Compensation Act

If a drunk driver’s carelessness causes your injury, there are some different laws that apply that do not apply if the careless driver was not drunk. A victim of a DUI accident does not have to meet his or her deductible or copay for any injuries that were related to the crash if the injured person is determined eligible according to the Florida Crime Victim Compensation Act. If you or someone you love was involved in a motor vehicle accident caused by a drunk driver, under Florida law, you may be considered a victim of a criminal act which may entitle you to compensation through Florida’s Crimes Compensation Act. Here’s a link to the form that needs to be filled out to determine eligibility: FORM. An attorney can help you determine if you are eligible for compensation under the Florida Crime Compensation Act. If you are found eligible for crime compensation, we will send the written notification (that we receive from the Attorney General which talks about your exemption from meeting your deductible and copay) to every insurer that may pay benefits. If you qualify for the crime victim compensation program, this will result in you owing less money to your medical providers. The point here is that if our firm is able to settle your case, it will put more money in your pocket.

An impaired driver places himself, other drivers, passengers, and pedestrians in danger and potentially risk their lives. Drunk driving accidents are among the most common types of accidents in the state of Florida. If you have been injured in a drunk driving accident, it is important to understand your legal rights under Florida law. Talking with a Miami car accident attorney may make it easier to get the money or other resources you need in order to make a full recovery, or as close to a full recovery as possible. Compensation may be available to help pay, both now and in the future, for lost wages and medical bills that were incurred as a result of the injury. In this blog post, we discussed a few steps that you should consider taking if you were hit by an impaired driver. We also briefly touched on some steps that should be taken during the days and weeks following an accident. In addition to an injured victim, these suggestions apply to family members or other persons who come to the accident site or who provide assistance during the aftermath of an accident. If you are involved in an accident of any kind, you could suffer serious injuries that may take months or years for you to recover. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.