The holiday season can bring family gatherings, office parties, celebrations, and other events where alcohol is served. For most people, these occasions are a chance to spend time with others and enjoy the season. But when someone chooses to drive after drinking, the consequences can be devastating.
A collision caused by an impaired driver can leave another person facing serious injuries, expensive medical treatment, lost income, and uncertainty about what happens next. If the crash occurs after a holiday event in Jacksonville or elsewhere in Florida, an injured person may wonder whether they can sue the drunk driver and what evidence may be needed to establish responsibility.
The answer depends on the circumstances, but an impaired driver may be held financially responsible for injuries caused by their negligent conduct.
Is Driving Under the Influence Illegal in Florida?
Florida law prohibits driving under the influence when a person’s normal faculties are impaired by alcohol or certain drugs. Florida Statute § 316.193 also establishes a blood- or breath-alcohol level of 0.08 or more as one basis for a DUI violation. (Online Sunshine)
A DUI charge is a criminal matter, while a personal injury lawsuit is a civil matter. The two processes are separate.
If an impaired driver is arrested or charged following a crash, that information may become relevant to a civil claim, but an injured person should not assume that a criminal case automatically resolves the civil side of the situation. A personal injury claim may require its own investigation into the collision, injuries, insurance coverage, and resulting losses.
What If the Driver Was Leaving a Holiday Party?
The fact that a driver was leaving a holiday event does not by itself determine liability. What matters is the driver’s conduct and how that conduct contributed to the crash.
For example, evidence may show that a driver was impaired, speeding, swerving, distracted, failing to obey a traffic signal, or otherwise driving negligently before the collision.
A holiday gathering may also raise questions about where the driver had been drinking and whether other parties may have legal responsibility. However, these situations can be legally complicated, and simply proving that alcohol was served at an event does not automatically make the host responsible for a resulting crash.
The specific facts need to be investigated rather than assumed.
Does the Driver Have to Be Convicted of DUI Before I Can File a Lawsuit?
Not necessarily. A criminal prosecution and a civil personal injury claim are different legal matters.
A person injured by an allegedly impaired driver may have a civil claim even when the criminal case does not result in a conviction. The evidence relevant to the civil case may include police records, witness accounts, photographs, video footage, medical documentation, and other information concerning how the collision occurred.
This is one reason it can be important to preserve evidence rather than relying entirely on the outcome of a criminal proceeding.
What If the Driver Says I Was Partially Responsible?
An insurance company may attempt to argue that the injured person contributed to the crash. Florida’s comparative fault statute provides that contributory fault can reduce damages in a negligence action in proportion to the claimant’s percentage of fault, subject to the statute. (Online Sunshine)
That does not mean an injured person automatically loses the ability to recover because an insurer alleges some responsibility.
The facts surrounding the collision matter. Investigators may examine vehicle speeds, traffic signals, roadway conditions, witness statements, vehicle damage, phone records when relevant, and other evidence to determine what actually happened.
An insurer’s version of events is not necessarily the final word.
What Compensation Could Be Available After a Drunk Driving Crash?
A serious crash can create both immediate and long-term financial consequences. Depending on the circumstances, damages may include medical expenses associated with emergency care, hospitalization, surgery, rehabilitation, medication, follow-up appointments, and future treatment.
Lost wages can also become significant when an injury prevents someone from returning to work. If an injury affects a person’s ability to earn income in the future, that may require additional consideration.
There may also be damages associated with pain, physical limitations, emotional effects, and changes to a person’s normal activities. The potential damages in a particular case depend on the injuries, prognosis, financial losses, and other facts.
What Evidence Can Help Prove a Drunk Driving Injury Claim?
Evidence can be particularly important when an insurance company disputes responsibility or the seriousness of an injury.
Depending on the situation, relevant evidence may include the crash report, DUI arrest records, witness statements, photographs, surveillance footage, vehicle damage, medical records, medical bills, employment records, and documentation of ongoing treatment.
Evidence concerning the driver’s conduct before and during the collision may also matter. If witnesses observed the driver’s behavior before the crash, their accounts could help establish what was happening immediately beforehand.
The sooner evidence is identified and preserved, the less likely it is that important information will disappear or become difficult to obtain.
Is There a Deadline to File a Florida Drunk Driving Injury Lawsuit?
Florida law imposes deadlines on negligence claims. Under Florida Statute § 95.11, an action founded on negligence generally must be commenced within 2 years, although the applicable deadline may depend on the type of claim and the circumstances involved. (Online Sunshine)
Because missing a filing deadline can have serious consequences, it is important not to assume that there is unlimited time to act. Other legal considerations may also affect a claim, particularly if the crash involves a death, a governmental entity, or another special circumstance.
Getting legal advice early can help an injured person understand the applicable deadline for their specific case.
What Should You Do After a Holiday DUI Crash?
After a collision, seek medical attention for your injuries and follow appropriate medical instructions. Even when pain seems manageable at first, some crash-related injuries can become more apparent later.
If you are able to safely document the scene, photographs and videos may help preserve information about the vehicles, roadway, traffic controls, lighting, and other conditions. Keep copies of medical records, bills, prescription information, and documentation of missed work.
You should also be careful when communicating with insurance companies. Do not assume that an insurer’s questions are simply routine. Statements about your injuries or the collision can potentially become part of the claim evaluation.
How Can Nooney, Roberts, Nowicki & Nommensen, Injury Lawyers Help After a Florida Drunk Driving Crash?
Being injured by an impaired driver can create complicated legal and financial questions at a time when your attention is already focused on recovering. Determining responsibility may require examining the driver’s conduct, the available evidence, insurance coverage, and the full effect of your injuries.
If you or someone you love was injured by a drunk driver in Jacksonville or elsewhere in Florida, Nooney, Roberts, Nowicki & Nommensen, Injury Lawyers can review the circumstances of your case and discuss your potential legal options. Contact the firm at (904) 877-4195 to learn more.
This article is for general informational purposes only and is not a substitute for legal advice. The facts and deadlines applicable to an individual case can vary.
