What to Do If You Were Hit by a Drunk Driver in Florida
A STEP-BY-STEP GUIDE
Introduction
Being hit by a drunk driver is a traumatic and potentially life-altering experience. Unfortunately, Florida has one of the highest rates of drunk driving incidents in the country. If you’ve been in an accident caused by a drunk driver, it’s essential to know your rights and the steps to take to protect yourself legally, medically, and financially.
In this blog, we’ll walk you through the critical steps to take after being hit by a drunk driver in Florida and how to seek the compensation you deserve.
Prioritize Safety and Call 911
After the accident, your safety is the top priority.
- Move to a Safe Location: If possible, move your vehicle to a safe spot away from traffic to avoid further accidents.
- Call 911: Report the accident to the authorities immediately and request medical assistance if needed. Mention that you suspect the other driver may be intoxicated.
- Stay Calm: Avoid confronting the drunk driver; instead, let the police handle the situation.
Seek Immediate Medical Attention
Even if you feel fine, some injuries, like whiplash or internal injuries, may not be immediately apparent.
- Document Your Injuries: Get a full medical evaluation and keep records of all treatments. This documentation will be crucial for your insurance claim or lawsuit.
- Follow Up with Your Doctor: Some injuries can worsen over time, so schedule follow-up appointments to ensure you’re healing properly.
Gather Evidence at the Scene
If you’re able to, collect as much evidence as possible at the scene of the accident.
- Photos and Videos: Take pictures of the vehicles, road conditions, traffic signs, and any visible injuries.
- Witness Information: Collect contact information from witnesses who saw the accident. Their testimony can support your case.
- Driver Information: Exchange information with the other driver, but avoid discussing fault. Let the police note any signs of intoxication.
Request the Police Report
Florida law requires police officers to file a report for accidents involving injuries, death, or significant property damage. This report is critical in proving the drunk driver’s liability.
- Ask the responding officer how to obtain a copy of the police report.
- Ensure the report includes details about the driver’s intoxication, such as failed sobriety tests or BAC (Blood Alcohol Content) levels.
Notify Your Insurance Company
Report the accident to your insurance provider as soon as possible.
- Stick to the Facts: Provide basic information about the accident but avoid making statements about fault or the extent of your injuries.
- PIP Coverage: Florida is a no-fault state, meaning your Personal Injury Protection (PIP) coverage will pay for your initial medical bills and lost wages, regardless of who was at fault.
Consult a Personal Injury Lawyer
Drunk driving cases often involve complex legal and insurance processes. An experienced personal injury lawyer can:
- Evaluate Your Case: Determine if you’re eligible for compensation beyond what PIP covers.
- File Claims Against the Driver: Pursue compensation for medical bills, lost wages, property damage, and pain and suffering.
- Handle Third-Party Claims: If the drunk driver was served alcohol irresponsibly by a bar or restaurant, your lawyer can explore a dram shop liability claim.
- Negotiate with Insurance Companies: Insurance providers may try to minimize payouts; your lawyer will fight for the full compensation you deserve.
File Your Claim Within Florida’s Statute of Limitations
Florida law imposes time limits for filing personal injury lawsuits. For most cases, you have two years from the date of the accident to file a claim. However, it’s best to act quickly to preserve evidence and strengthen your case.
Conclusion
If you’ve been hit by a drunk driver in Florida, you shouldn’t have to face the aftermath alone. At the Duncan Injury Group, we understand the challenges you’re facing and are committed to holding drunk drivers accountable for their reckless actions.
Contact us today for a free consultation. Let us help you seek the justice and compensation you deserve.