What Should I Do if I am Involved in a Car Accident in Florida with a Drunk Driver?

Have you recently been involved in a car accident in Miami, Florida, with a drunk driver? You could be entitled to seek compensation. Miami is a large city with a lot of local bars, clubs, and restaurants, so accidents such as these commonly occur. 

Car accidents of any kind are devastating to endure, but those that could have been prevented can bring even more emotions. No one deserves to be left behind with the injuries and financial burdens drunk driving accidents can bring, so here’s what you should do if you’ve recently been in this situation. 

Continue reading to learn how Frankl Kominsky Injury Lawyers can help you. 

What Are Drunk Driving Accidents?

A drunk driving car accident is when someone driving while intoxicated hits another driver, pedestrian, or object on the road. It is very easy for an intoxicated person’s eyesight to be impaired if they have consumed too much alcohol, which can lead to them having blurry vision and not seeing correctly, making them more likely to hit an innocent person. 

Drunk drivers cannot operate their vehicles when they are not in the right mindset. Deadly incidents can happen quickly and in the blink of an eye if someone who’s been drinking decides to get behind the wheel. This is why it’s crucial to have a plan in place if you plan on going out with friends to either take an Uber home or have a designated driver. 

What to do if You’re Hit by a Drunk Driver

Drunk driving car accidents proceed as any other car accident. There are steps you should take immediately after being struck if you are able to, including:

1. Move to a Safe Location

If you are not physically injured, move yourself and others in your vehicle to a safe location. You will need to leave your vehicle where it is unless you’re still able to pull it over to the side of the road. The biggest concern at this point is to get out of the way of oncoming traffic and make sure you and others in your vehicle are safe. 

2. Call the Police

In Florida, it’s a requirement for those involved in a car accident to call law enforcement after a crash. Because this would be a drunk driving incident, it’s even more important for you to report the accident. Law enforcement will arrive at the scene and file an official report that you can obtain a copy of to use for insurance and other purposes. 

3. Obtain the Other Driver’s Information

There are some cases where drunk drivers might flee the incident, creating a new scenario known as a hit-and-run. If the other driver begins to drive off after hitting you, quickly jot down the following information to give to the police:

  • The color, make, and model of the vehicle
  • The license plate
  • Any other descriptions of the vehicle or driver that you may have observed

If the driver stays at the scene, it’s a possibility that they will not communicate well, depending on how intoxicated they are. Still, try to collect their name and contact information along with insurance information for later use. 

4. Be Medically Observed

Once you call the police out to the scene for a car accident, EMS typically follows. This part can scare some people and deter them from being checked on, but it’s vital for your health and case to have a paramedic observe you. This can keep you from missing any dangerous internal injuries and can also serve as more evidence for your case since you will have the medical records related to the accident. 

5. Start Looking for an Attorney

The final step you should take is to hire a Miami Car Accident Lawyer that can adequately help you seek compensation for your injuries and other damages. This is the step that people will likely start talking to insurance, but it’s important to have an attorney on your side to help during these negotiations.

Can You Sue Drunk Drivers in Florida?

It is possible in Florida for you to sue a drunk driver that is responsible for the accident, but it is well-advised to have the help of an experienced Miami Car Accident Lawyer. If you have sustained significant injuries from your accident, this can be classified as a felony, which gives you the right to take legal action. 

Your car accident attorney will help you review all evidence such as your medical records and the police report to determine if a lawsuit is the best option. Minor drunk driving incidents with less damage can be classified as a misdemeanor, which may or may not be severe enough for a lawsuit. 

How to Seek Compensation after an Accident?

The best way for you to seek compensation to help you with your injuries after being in a drunk driving incident is through your insurance. Florida is a no-fault state, which means all parties involved in car accidents must turn to their insurance for monetary assistance. 

Because of this, Florida drivers are required to carry a minimum of $10,000 in both personal injury protection and property damage liability. The personal injury protection (PIP) is what you will have to file a claim under after your accident to receive assistance that can cover the following:

  • Hospital bills
  • Loss income from time off work
  • Future medical expenses

Notice that PIP does not cover vehicle damages associated with the wreck; it only helps your medical expenses. If you would like to have coverage for car damages in case of an accident, you will need to obtain collision coverage. 

How Frankl Kominsky Injury Lawyers Can Help

At Frankl Kominsky Injury Lawyers, we know how to help you navigate through the legal process of seeking compensation. 

Our firm knows how to proceed legally during this difficult time and speak to your insurance on your behalf for the best chances of a fair outcome. Insurance companies may promote giving assistance, but they don’t have your best interests in mind as your attorney does.

You can work with one of our attorneys to see if you qualify for a lawsuit and if so, how to proceed forward. We offer free initial consultations to get started.

To schedule your free consultation, call our office at (561) 800-8000 or leave your information on our online form. Someone will reach out to you to schedule a time that is convenient for you to come in and meet our team. 

No one should have to face the aftermath of a horrible accident and wonder what they should do next. Allow the experts at Frankl Kominsky Injury Lawyers help you by doing what we do best: helping victims fight for justice. 


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