WE HAVE RECOVERED MILLIONS
OF DOLLARS FOR OUR CLIENTS
$3,400,000
Traffic Fatality
$2,150,000
Traffic Accident
$1,300,000
Motorcycle Accident
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Fatality |
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Accident |
JACKSONVILLE DRUNK DRIVER ATTORNEYS
When an impaired driver causes an accident, the legal issues can be different from those involved in a typical car accident claim. I have represented people injured in motor vehicle accidents throughout my career, and one of the first things I explain is that a driver’s DUI arrest or criminal prosecution is separate from the injured person’s civil claim. The criminal case focuses on whether the driver violated Florida law. Your personal injury claim focuses on determining liability and pursuing compensation for the injuries and losses caused by the accident.
Our Jacksonville drunk driver attorneys investigate more than whether the other driver was arrested for DUI. We examine how the collision occurred, the evidence of impairment, police reports, witness statements, available video, medical documentation, insurance coverage, and other evidence that may help establish responsibility and damages. When appropriate, we also investigate whether additional parties may bear legal responsibility for the accident.
Florida law can also make the damages issues in an impaired-driving case different from those in an ordinary negligence claim. Depending on the evidence and circumstances, punitive damages may become an issue in addition to compensation for the victim’s actual losses. Florida law specifically addresses punitive damages when a defendant’s normal faculties were impaired by alcohol or drugs or the defendant had a blood- or breath-alcohol level of 0.08 or higher.
Throughout this page, I will explain how our Jacksonville drunk driver attorneys evaluate these cases, the evidence I consider important, how the criminal and civil cases differ, and the types of compensation that may be available. My goal is to help you understand what makes a drunk driving accident claim different and what I believe should be investigated before important decisions are made about your case.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
JACKSONVILLE DRUNK DRIVER ATTORNEYS
When an impaired driver causes an accident, the legal issues can be different from those involved in a typical car accident claim. I have represented people injured in motor vehicle accidents throughout my career, and one of the first things I explain is that a driver’s DUI arrest or criminal prosecution is separate from the injured person’s civil claim. The criminal case focuses on whether the driver violated Florida law. Your personal injury claim focuses on determining liability and pursuing compensation for the injuries and losses caused by the accident.
Our Jacksonville drunk driver attorneys investigate more than whether the other driver was arrested for DUI. We examine how the collision occurred, the evidence of impairment, police reports, witness statements, available video, medical documentation, insurance coverage, and other evidence that may help establish responsibility and damages. When appropriate, we also investigate whether additional parties may bear legal responsibility for the accident.
Florida law can also make the damages issues in an impaired-driving case different from those in an ordinary negligence claim. Depending on the evidence and circumstances, punitive damages may become an issue in addition to compensation for the victim’s actual losses. Florida law specifically addresses punitive damages when a defendant’s normal faculties were impaired by alcohol or drugs or the defendant had a blood- or breath-alcohol level of 0.08 or higher.
Throughout this page, I will explain how our Jacksonville drunk driver attorneys evaluate these cases, the evidence I consider important, how the criminal and civil cases differ, and the types of compensation that may be available. My goal is to help you understand what makes a drunk driving accident claim different and what I believe should be investigated before important decisions are made about your case.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
JACKSONVILLE DRUNK DRIVER ATTORNEYS
When an impaired driver causes an accident, the legal issues can be different from those involved in a typical car accident claim. I have represented people injured in motor vehicle accidents throughout my career, and one of the first things I explain is that a driver’s DUI arrest or criminal prosecution is separate from the injured person’s civil claim. The criminal case focuses on whether the driver violated Florida law. Your personal injury claim focuses on determining liability and pursuing compensation for the injuries and losses caused by the accident.
Our Jacksonville drunk driver attorneys investigate more than whether the other driver was arrested for DUI. We examine how the collision occurred, the evidence of impairment, police reports, witness statements, available video, medical documentation, insurance coverage, and other evidence that may help establish responsibility and damages. When appropriate, we also investigate whether additional parties may bear legal responsibility for the accident.
Florida law can also make the damages issues in an impaired-driving case different from those in an ordinary negligence claim. Depending on the evidence and circumstances, punitive damages may become an issue in addition to compensation for the victim’s actual losses. Florida law specifically addresses punitive damages when a defendant’s normal faculties were impaired by alcohol or drugs or the defendant had a blood- or breath-alcohol level of 0.08 or higher.
Throughout this page, I will explain how our Jacksonville drunk driver attorneys evaluate these cases, the evidence I consider important, how the criminal and civil cases differ, and the types of compensation that may be available. My goal is to help you understand what makes a drunk driving accident claim different and what I believe should be investigated before important decisions are made about your case.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
WHAT OUR CLIENTS ARE SAYING
WHAT OUR CLIENTS ARE SAYING
Protecting Your Rights.
- Why Drunk Driving Accident Claims Are Different
- The DUI Criminal Case vs. Your Civil Injury Claim
- Proving the Other Driver Was Impaired
- Proving That Impairment Caused the Accident
- What I Recommend Doing After a Crash With a Suspected Drunk Driver
- Evidence I Look for When Investigating a Drunk Driving Accident
- Can a DUI Arrest or Conviction Help Prove My Case?
- Who Can Be Held Responsible for a Drunk Driving Accident?
- Florida’s Dram Shop Law and Claims Against Bars or Alcohol Vendors
- Punitive Damages in Florida Drunk Driving Cases
- Compensation Available to Victims of Drunk Drivers
- What If the Drunk Driver Doesn’t Have Enough Insurance?
- What If I Was Partially Responsible for the Accident?
- Fatal Drunk Driving Accidents and Wrongful Death Claims
- Questions I Am Frequently Asked by Victims of Drunk Drivers
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case
Protecting Your Rights.
- Why Drunk Driving Accident Claims Are Different
- The DUI Criminal Case vs. Your Civil Injury Claim
- Proving the Other Driver Was Impaired
- Proving That Impairment Caused the Accident
- What I Recommend Doing After a Crash With a Suspected Drunk Driver
- Evidence I Look for When Investigating a Drunk Driving Accident
- Can a DUI Arrest or Conviction Help Prove My Case?
- Who Can Be Held Responsible for a Drunk Driving Accident?
- Florida’s Dram Shop Law and Claims Against Bars or Alcohol Vendors
- Punitive Damages in Florida Drunk Driving Cases
- Compensation Available to Victims of Drunk Drivers
- What If the Drunk Driver Doesn’t Have Enough Insurance?
- What If I Was Partially Responsible for the Accident?
- Fatal Drunk Driving Accidents and Wrongful Death Claims
- Questions I Am Frequently Asked by Victims of Drunk Drivers
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case
Protecting Your Rights.
- Why Drunk Driving Accident Claims Are Different
- The DUI Criminal Case vs. Your Civil Injury Claim
- Proving the Other Driver Was Impaired
- Proving That Impairment Caused the Accident
- What I Recommend Doing After a Crash With a Suspected Drunk Driver
- Evidence I Look for When Investigating a Drunk Driving Accident
- Can a DUI Arrest or Conviction Help Prove My Case?
- Who Can Be Held Responsible for a Drunk Driving Accident?
- Florida’s Dram Shop Law and Claims Against Bars or Alcohol Vendors
- Punitive Damages in Florida Drunk Driving Cases
- Compensation Available to Victims of Drunk Drivers
- What If the Drunk Driver Doesn’t Have Enough Insurance?
- What If I Was Partially Responsible for the Accident?
- Fatal Drunk Driving Accidents and Wrongful Death Claims
- Questions I Am Frequently Asked by Victims of Drunk Drivers
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case
Why Drunk Driving Accident Claims Are Different
Most car accident claims are based on negligence, such as speeding, following too closely, failing to yield, or running a traffic signal. When alcohol or drugs may have contributed to a collision, there is another important layer to the investigation. As Jacksonville drunk driver attorneys, we look at both how the accident occurred and the evidence showing whether impairment contributed to the driver’s actions.
These cases can involve evidence that may not exist in an ordinary car accident claim. Breath or blood alcohol test results, field sobriety exercises, police body-camera footage, statements made by the driver, observations by law enforcement officers, witness accounts, and video from nearby businesses may all become important. Some evidence can be difficult to obtain later, which is one reason I believe investigating a serious drunk driving accident as early as possible is important.
Another difference is that the impaired driver may face criminal charges while the injured person simultaneously has a separate civil claim. Evidence developed during the DUI investigation or prosecution can sometimes become relevant to the personal injury case, but an arrest by itself does not determine every issue of civil liability or damages.
Finally, drunk driving accidents can raise legal issues involving punitive damages, insurance coverage, and, in limited circumstances, the potential responsibility of another party. Our Jacksonville drunk driver attorneys evaluate each of these issues based on the facts and available evidence rather than assuming that a DUI arrest automatically determines the outcome of the civil case.
Why Drunk Driving Accident Claims Are Different
Most car accident claims are based on negligence, such as speeding, following too closely, failing to yield, or running a traffic signal. When alcohol or drugs may have contributed to a collision, there is another important layer to the investigation. As Jacksonville drunk driver attorneys, we look at both how the accident occurred and the evidence showing whether impairment contributed to the driver’s actions.
These cases can involve evidence that may not exist in an ordinary car accident claim. Breath or blood alcohol test results, field sobriety exercises, police body-camera footage, statements made by the driver, observations by law enforcement officers, witness accounts, and video from nearby businesses may all become important. Some evidence can be difficult to obtain later, which is one reason I believe investigating a serious drunk driving accident as early as possible is important.
Another difference is that the impaired driver may face criminal charges while the injured person simultaneously has a separate civil claim. Evidence developed during the DUI investigation or prosecution can sometimes become relevant to the personal injury case, but an arrest by itself does not determine every issue of civil liability or damages.
Finally, drunk driving accidents can raise legal issues involving punitive damages, insurance coverage, and, in limited circumstances, the potential responsibility of another party. Our Jacksonville drunk driver attorneys evaluate each of these issues based on the facts and available evidence rather than assuming that a DUI arrest automatically determines the outcome of the civil case.
Why Drunk Driving Accident Claims Are Different
Most car accident claims are based on negligence, such as speeding, following too closely, failing to yield, or running a traffic signal. When alcohol or drugs may have contributed to a collision, there is another important layer to the investigation. As Jacksonville drunk driver attorneys, we look at both how the accident occurred and the evidence showing whether impairment contributed to the driver’s actions.
These cases can involve evidence that may not exist in an ordinary car accident claim. Breath or blood alcohol test results, field sobriety exercises, police body-camera footage, statements made by the driver, observations by law enforcement officers, witness accounts, and video from nearby businesses may all become important. Some evidence can be difficult to obtain later, which is one reason I believe investigating a serious drunk driving accident as early as possible is important.
Another difference is that the impaired driver may face criminal charges while the injured person simultaneously has a separate civil claim. Evidence developed during the DUI investigation or prosecution can sometimes become relevant to the personal injury case, but an arrest by itself does not determine every issue of civil liability or damages.
Finally, drunk driving accidents can raise legal issues involving punitive damages, insurance coverage, and, in limited circumstances, the potential responsibility of another party. Our Jacksonville drunk driver attorneys evaluate each of these issues based on the facts and available evidence rather than assuming that a DUI arrest automatically determines the outcome of the civil case.
The DUI Criminal Case vs. Your Civil Injury Claim
After an accident involving a suspected impaired driver, there may be two separate legal proceedings arising from the same collision. The State of Florida may pursue a criminal DUI case against the driver, while the person who was injured may pursue a civil personal injury claim. Although evidence from the criminal investigation can sometimes be important to both cases, the purpose of each proceeding is different.
A DUI prosecution is brought by the government to determine whether the driver violated Florida criminal law and, if convicted, what penalties should be imposed. The prosecutor represents the State, not the accident victim. A civil claim, by comparison, is brought to establish legal responsibility for the victim’s injuries and to recover compensation for damages such as medical expenses, lost income, and pain and suffering.
I also caution clients against assuming that they must wait for the criminal case to end before addressing their personal injury claim. Important evidence can disappear, insurance deadlines may apply, and Florida law limits how long an injured person has to bring certain claims. Our Jacksonville drunk driver attorneys can investigate the civil case while separately monitoring developments in the DUI prosecution.
A guilty plea or conviction may provide important evidence, but every civil case still requires its own evaluation of liability, causation, injuries, insurance coverage, and damages. Part of my responsibility is to explain how developments in the criminal case may affect the civil claim without treating the two proceedings as though they are the same case.
The DUI Criminal Case vs. Your Civil Injury Claim
After an accident involving a suspected impaired driver, there may be two separate legal proceedings arising from the same collision. The State of Florida may pursue a criminal DUI case against the driver, while the person who was injured may pursue a civil personal injury claim. Although evidence from the criminal investigation can sometimes be important to both cases, the purpose of each proceeding is different.
A DUI prosecution is brought by the government to determine whether the driver violated Florida criminal law and, if convicted, what penalties should be imposed. The prosecutor represents the State, not the accident victim. A civil claim, by comparison, is brought to establish legal responsibility for the victim’s injuries and to recover compensation for damages such as medical expenses, lost income, and pain and suffering.
I also caution clients against assuming that they must wait for the criminal case to end before addressing their personal injury claim. Important evidence can disappear, insurance deadlines may apply, and Florida law limits how long an injured person has to bring certain claims. Our Jacksonville drunk driver attorneys can investigate the civil case while separately monitoring developments in the DUI prosecution.
A guilty plea or conviction may provide important evidence, but every civil case still requires its own evaluation of liability, causation, injuries, insurance coverage, and damages. Part of my responsibility is to explain how developments in the criminal case may affect the civil claim without treating the two proceedings as though they are the same case.
The DUI Criminal Case vs. Your Civil Injury Claim
After an accident involving a suspected impaired driver, there may be two separate legal proceedings arising from the same collision. The State of Florida may pursue a criminal DUI case against the driver, while the person who was injured may pursue a civil personal injury claim. Although evidence from the criminal investigation can sometimes be important to both cases, the purpose of each proceeding is different.
A DUI prosecution is brought by the government to determine whether the driver violated Florida criminal law and, if convicted, what penalties should be imposed. The prosecutor represents the State, not the accident victim. A civil claim, by comparison, is brought to establish legal responsibility for the victim’s injuries and to recover compensation for damages such as medical expenses, lost income, and pain and suffering.
I also caution clients against assuming that they must wait for the criminal case to end before addressing their personal injury claim. Important evidence can disappear, insurance deadlines may apply, and Florida law limits how long an injured person has to bring certain claims. Our Jacksonville drunk driver attorneys can investigate the civil case while separately monitoring developments in the DUI prosecution.
A guilty plea or conviction may provide important evidence, but every civil case still requires its own evaluation of liability, causation, injuries, insurance coverage, and damages. Part of my responsibility is to explain how developments in the criminal case may affect the civil claim without treating the two proceedings as though they are the same case.
Proving the Other Driver Was Impaired
When I investigate an accident involving suspected drunk driving, I want to determine what evidence exists to establish the driver’s condition at or near the time of the collision. A DUI arrest can be important, but our Jacksonville drunk driver attorneys do not rely on the arrest alone. I look for the underlying evidence that caused law enforcement officers to suspect impairment and any additional evidence that may help establish what happened.
Depending on the circumstances, that evidence may include breath or blood alcohol test results, field sobriety exercises, police reports, body-camera or dash-camera footage, and observations made by the investigating officers. Statements from the driver and witnesses can also be significant, particularly when they describe drinking before the accident, erratic driving, slurred speech, difficulty maintaining balance, the odor of alcohol, or other signs consistent with impairment.
Other sources of evidence may exist outside the police investigation. Surveillance video from nearby businesses, photographs, receipts, electronic payment records, and testimony from people who were with the driver before the collision can sometimes help establish a timeline. In appropriate cases, records from a restaurant, bar, or other establishment may also become relevant to determining where and when alcohol was consumed.
Some of this evidence can become unavailable as time passes. Video may be overwritten, witnesses can become difficult to locate, and physical evidence may disappear. For this reason, our Jacksonville drunk driver attorneys work to identify and preserve potentially important evidence early in the investigation rather than relying exclusively on the information contained in the initial accident report.
Proving the Other Driver Was Impaired
When I investigate an accident involving suspected drunk driving, I want to determine what evidence exists to establish the driver’s condition at or near the time of the collision. A DUI arrest can be important, but our Jacksonville drunk driver attorneys do not rely on the arrest alone. I look for the underlying evidence that caused law enforcement officers to suspect impairment and any additional evidence that may help establish what happened.
Depending on the circumstances, that evidence may include breath or blood alcohol test results, field sobriety exercises, police reports, body-camera or dash-camera footage, and observations made by the investigating officers. Statements from the driver and witnesses can also be significant, particularly when they describe drinking before the accident, erratic driving, slurred speech, difficulty maintaining balance, the odor of alcohol, or other signs consistent with impairment.
Other sources of evidence may exist outside the police investigation. Surveillance video from nearby businesses, photographs, receipts, electronic payment records, and testimony from people who were with the driver before the collision can sometimes help establish a timeline. In appropriate cases, records from a restaurant, bar, or other establishment may also become relevant to determining where and when alcohol was consumed.
Some of this evidence can become unavailable as time passes. Video may be overwritten, witnesses can become difficult to locate, and physical evidence may disappear. For this reason, our Jacksonville drunk driver attorneys work to identify and preserve potentially important evidence early in the investigation rather than relying exclusively on the information contained in the initial accident report.
Proving the Other Driver Was Impaired
When I investigate an accident involving suspected drunk driving, I want to determine what evidence exists to establish the driver’s condition at or near the time of the collision. A DUI arrest can be important, but our Jacksonville drunk driver attorneys do not rely on the arrest alone. I look for the underlying evidence that caused law enforcement officers to suspect impairment and any additional evidence that may help establish what happened.
Depending on the circumstances, that evidence may include breath or blood alcohol test results, field sobriety exercises, police reports, body-camera or dash-camera footage, and observations made by the investigating officers. Statements from the driver and witnesses can also be significant, particularly when they describe drinking before the accident, erratic driving, slurred speech, difficulty maintaining balance, the odor of alcohol, or other signs consistent with impairment.
Other sources of evidence may exist outside the police investigation. Surveillance video from nearby businesses, photographs, receipts, electronic payment records, and testimony from people who were with the driver before the collision can sometimes help establish a timeline. In appropriate cases, records from a restaurant, bar, or other establishment may also become relevant to determining where and when alcohol was consumed.
Some of this evidence can become unavailable as time passes. Video may be overwritten, witnesses can become difficult to locate, and physical evidence may disappear. For this reason, our Jacksonville drunk driver attorneys work to identify and preserve potentially important evidence early in the investigation rather than relying exclusively on the information contained in the initial accident report.
Proving That Impairment Caused the Accident
Evidence that another driver was impaired can be extremely important, but impairment and responsibility for causing an accident are not necessarily the same question. In a civil injury claim, I want to establish what the driver actually did that caused or contributed to the collision. Our Jacksonville drunk driver attorneys therefore investigate both the evidence of intoxication and the specific driving behavior that led to the crash.
For example, an impaired driver may cross the centerline, run a red light, follow another vehicle too closely, drive at an unsafe speed, fail to yield, or leave the roadway. Police reports, photographs of the vehicles and accident scene, surveillance or traffic-camera footage, witness statements, skid marks, vehicle damage, and other physical evidence can help us reconstruct how the collision occurred.
In more serious or disputed accidents, additional investigation may be necessary. Vehicle electronic data, cell phone records when legally obtainable and relevant, or analysis by an accident reconstruction expert may help clarify the driver’s speed, braking, movements, or other circumstances immediately before impact. I also consider whether road conditions, another vehicle, or any additional factor may have contributed to the accident.
Establishing this connection between the driver’s conduct and the collision is an important part of building the civil case. Rather than assuming that a DUI arrest resolves the question of fault, our Jacksonville drunk driver attorneys develop the evidence needed to show how the accident happened, why it happened, and how the driver’s actions caused the injuries for which compensation is being sought.
Proving That Impairment Caused the Accident
Evidence that another driver was impaired can be extremely important, but impairment and responsibility for causing an accident are not necessarily the same question. In a civil injury claim, I want to establish what the driver actually did that caused or contributed to the collision. Our Jacksonville drunk driver attorneys therefore investigate both the evidence of intoxication and the specific driving behavior that led to the crash.
For example, an impaired driver may cross the centerline, run a red light, follow another vehicle too closely, drive at an unsafe speed, fail to yield, or leave the roadway. Police reports, photographs of the vehicles and accident scene, surveillance or traffic-camera footage, witness statements, skid marks, vehicle damage, and other physical evidence can help us reconstruct how the collision occurred.
In more serious or disputed accidents, additional investigation may be necessary. Vehicle electronic data, cell phone records when legally obtainable and relevant, or analysis by an accident reconstruction expert may help clarify the driver’s speed, braking, movements, or other circumstances immediately before impact. I also consider whether road conditions, another vehicle, or any additional factor may have contributed to the accident.
Establishing this connection between the driver’s conduct and the collision is an important part of building the civil case. Rather than assuming that a DUI arrest resolves the question of fault, our Jacksonville drunk driver attorneys develop the evidence needed to show how the accident happened, why it happened, and how the driver’s actions caused the injuries for which compensation is being sought.
Proving That Impairment Caused the Accident
Evidence that another driver was impaired can be extremely important, but impairment and responsibility for causing an accident are not necessarily the same question. In a civil injury claim, I want to establish what the driver actually did that caused or contributed to the collision. Our Jacksonville drunk driver attorneys therefore investigate both the evidence of intoxication and the specific driving behavior that led to the crash.
For example, an impaired driver may cross the centerline, run a red light, follow another vehicle too closely, drive at an unsafe speed, fail to yield, or leave the roadway. Police reports, photographs of the vehicles and accident scene, surveillance or traffic-camera footage, witness statements, skid marks, vehicle damage, and other physical evidence can help us reconstruct how the collision occurred.
In more serious or disputed accidents, additional investigation may be necessary. Vehicle electronic data, cell phone records when legally obtainable and relevant, or analysis by an accident reconstruction expert may help clarify the driver’s speed, braking, movements, or other circumstances immediately before impact. I also consider whether road conditions, another vehicle, or any additional factor may have contributed to the accident.
Establishing this connection between the driver’s conduct and the collision is an important part of building the civil case. Rather than assuming that a DUI arrest resolves the question of fault, our Jacksonville drunk driver attorneys develop the evidence needed to show how the accident happened, why it happened, and how the driver’s actions caused the injuries for which compensation is being sought.
What I Recommend Doing After a Crash With a Suspected Drunk Driver
If you believe the driver who hit you may be impaired, I recommend calling law enforcement and remaining at the scene when it is safe to do so. Tell the responding officer what you personally observed, but avoid confronting the other driver. Police officers can evaluate the driver’s condition and determine whether a DUI investigation is appropriate.
Your health should be the immediate priority. Some accident injuries are obvious, while others may become more noticeable after the initial shock and adrenaline have subsided. Seek appropriate medical attention and describe your symptoms accurately. Medical records can later help document the nature of your injuries, the treatment you received, and how those injuries progressed following the accident.
If your condition and the circumstances safely allow it, photographs and video can preserve valuable evidence. I recommend documenting the vehicles, their positions, visible damage, the surrounding roadway, traffic signals or signs, skid marks, debris, and other relevant conditions. Obtain contact information from witnesses when possible rather than assuming their information will necessarily appear in the police report.
I also recommend being cautious when speaking with insurance companies before you understand the extent of your injuries and the available coverage. Recorded statements and early settlement offers can have consequences that are difficult to undo. Our Jacksonville drunk driver attorneys can review the accident, preserve relevant evidence, identify available insurance, and explain the legal options before you make decisions that could affect your claim.
What I Recommend Doing After a Crash With a Suspected Drunk Driver
If you believe the driver who hit you may be impaired, I recommend calling law enforcement and remaining at the scene when it is safe to do so. Tell the responding officer what you personally observed, but avoid confronting the other driver. Police officers can evaluate the driver’s condition and determine whether a DUI investigation is appropriate.
Your health should be the immediate priority. Some accident injuries are obvious, while others may become more noticeable after the initial shock and adrenaline have subsided. Seek appropriate medical attention and describe your symptoms accurately. Medical records can later help document the nature of your injuries, the treatment you received, and how those injuries progressed following the accident.
If your condition and the circumstances safely allow it, photographs and video can preserve valuable evidence. I recommend documenting the vehicles, their positions, visible damage, the surrounding roadway, traffic signals or signs, skid marks, debris, and other relevant conditions. Obtain contact information from witnesses when possible rather than assuming their information will necessarily appear in the police report.
I also recommend being cautious when speaking with insurance companies before you understand the extent of your injuries and the available coverage. Recorded statements and early settlement offers can have consequences that are difficult to undo. Our Jacksonville drunk driver attorneys can review the accident, preserve relevant evidence, identify available insurance, and explain the legal options before you make decisions that could affect your claim.
What I Recommend Doing After a Crash With a Suspected Drunk Driver
If you believe the driver who hit you may be impaired, I recommend calling law enforcement and remaining at the scene when it is safe to do so. Tell the responding officer what you personally observed, but avoid confronting the other driver. Police officers can evaluate the driver’s condition and determine whether a DUI investigation is appropriate.
Your health should be the immediate priority. Some accident injuries are obvious, while others may become more noticeable after the initial shock and adrenaline have subsided. Seek appropriate medical attention and describe your symptoms accurately. Medical records can later help document the nature of your injuries, the treatment you received, and how those injuries progressed following the accident.
If your condition and the circumstances safely allow it, photographs and video can preserve valuable evidence. I recommend documenting the vehicles, their positions, visible damage, the surrounding roadway, traffic signals or signs, skid marks, debris, and other relevant conditions. Obtain contact information from witnesses when possible rather than assuming their information will necessarily appear in the police report.
I also recommend being cautious when speaking with insurance companies before you understand the extent of your injuries and the available coverage. Recorded statements and early settlement offers can have consequences that are difficult to undo. Our Jacksonville drunk driver attorneys can review the accident, preserve relevant evidence, identify available insurance, and explain the legal options before you make decisions that could affect your claim.
Evidence I Look for When Investigating a Drunk Driving Accident
When I investigate a drunk driving accident, I try to build the case from the evidence rather than relying solely on the conclusions in the police report. The accident investigation and any DUI investigation are important starting points, but our Jacksonville drunk driver attorneys also look for independent evidence that can help establish impairment, how the collision occurred, and the injuries and losses that resulted.
I typically review the crash report, photographs, body-camera and dash-camera footage when available, breath or blood alcohol test results, field sobriety observations, witness statements, and statements made by the other driver. Depending on the severity and circumstances of the accident, we may also investigate surveillance video, vehicle electronic data, cell phone records when relevant and legally obtainable, and physical evidence from the scene.
The timeline before the accident can sometimes be equally important. If evidence indicates that the driver had been drinking at a particular location, I may investigate receipts, electronic payment records, available surveillance footage, and witnesses who observed the driver before leaving. This information can help establish when alcohol was consumed and, in limited circumstances, may also reveal whether another party’s conduct warrants further investigation.
Our Jacksonville drunk driver attorneys also collect evidence documenting what happened after the collision. Medical records, diagnostic testing, photographs of injuries, employment and wage information, and records of ongoing treatment help establish the effect the accident has had on the injured person. By preserving evidence from both the accident and its aftermath, I can evaluate liability and damages based on a more complete picture of what actually occurred.
Evidence I Look for When Investigating a Drunk Driving Accident
When I investigate a drunk driving accident, I try to build the case from the evidence rather than relying solely on the conclusions in the police report. The accident investigation and any DUI investigation are important starting points, but our Jacksonville drunk driver attorneys also look for independent evidence that can help establish impairment, how the collision occurred, and the injuries and losses that resulted.
I typically review the crash report, photographs, body-camera and dash-camera footage when available, breath or blood alcohol test results, field sobriety observations, witness statements, and statements made by the other driver. Depending on the severity and circumstances of the accident, we may also investigate surveillance video, vehicle electronic data, cell phone records when relevant and legally obtainable, and physical evidence from the scene.
The timeline before the accident can sometimes be equally important. If evidence indicates that the driver had been drinking at a particular location, I may investigate receipts, electronic payment records, available surveillance footage, and witnesses who observed the driver before leaving. This information can help establish when alcohol was consumed and, in limited circumstances, may also reveal whether another party’s conduct warrants further investigation.
Our Jacksonville drunk driver attorneys also collect evidence documenting what happened after the collision. Medical records, diagnostic testing, photographs of injuries, employment and wage information, and records of ongoing treatment help establish the effect the accident has had on the injured person. By preserving evidence from both the accident and its aftermath, I can evaluate liability and damages based on a more complete picture of what actually occurred.
Evidence I Look for When Investigating a Drunk Driving Accident
When I investigate a drunk driving accident, I try to build the case from the evidence rather than relying solely on the conclusions in the police report. The accident investigation and any DUI investigation are important starting points, but our Jacksonville drunk driver attorneys also look for independent evidence that can help establish impairment, how the collision occurred, and the injuries and losses that resulted.
I typically review the crash report, photographs, body-camera and dash-camera footage when available, breath or blood alcohol test results, field sobriety observations, witness statements, and statements made by the other driver. Depending on the severity and circumstances of the accident, we may also investigate surveillance video, vehicle electronic data, cell phone records when relevant and legally obtainable, and physical evidence from the scene.
The timeline before the accident can sometimes be equally important. If evidence indicates that the driver had been drinking at a particular location, I may investigate receipts, electronic payment records, available surveillance footage, and witnesses who observed the driver before leaving. This information can help establish when alcohol was consumed and, in limited circumstances, may also reveal whether another party’s conduct warrants further investigation.
Our Jacksonville drunk driver attorneys also collect evidence documenting what happened after the collision. Medical records, diagnostic testing, photographs of injuries, employment and wage information, and records of ongoing treatment help establish the effect the accident has had on the injured person. By preserving evidence from both the accident and its aftermath, I can evaluate liability and damages based on a more complete picture of what actually occurred.
Can a DUI Arrest or Conviction Help Prove My Case?
A DUI arrest can provide important evidence in a personal injury claim, but I do not treat an arrest as automatic proof that the driver caused the accident. The civil case still requires us to determine how the collision occurred, whether the driver’s actions caused it, and whether those actions resulted in the injuries being claimed. A conviction or guilty plea may also become relevant, depending on the circumstances and applicable Florida law.
Our Jacksonville drunk driver attorneys look beyond the criminal charge to the evidence developed during the DUI investigation. Breath or blood alcohol results, officer observations, body-camera footage, witness statements, admissions by the driver, and evidence of the driver’s behavior before the collision may help establish impairment and how the accident occurred. This evidence can remain important even when the criminal case does not result in a DUI conviction.
Because criminal and civil cases serve different purposes and use different legal standards, I independently evaluate the personal injury claim rather than relying on the outcome of the DUI prosecution. My focus is on determining what the available evidence establishes about the driver’s negligence, causation, the injuries suffered, and the damages that may be recoverable.
Can a DUI Arrest or Conviction Help Prove My Case?
A DUI arrest can provide important evidence in a personal injury claim, but I do not treat an arrest as automatic proof that the driver caused the accident. The civil case still requires us to determine how the collision occurred, whether the driver’s actions caused it, and whether those actions resulted in the injuries being claimed. A conviction or guilty plea may also become relevant, depending on the circumstances and applicable Florida law.
Our Jacksonville drunk driver attorneys look beyond the criminal charge to the evidence developed during the DUI investigation. Breath or blood alcohol results, officer observations, body-camera footage, witness statements, admissions by the driver, and evidence of the driver’s behavior before the collision may help establish impairment and how the accident occurred. This evidence can remain important even when the criminal case does not result in a DUI conviction.
Because criminal and civil cases serve different purposes and use different legal standards, I independently evaluate the personal injury claim rather than relying on the outcome of the DUI prosecution. My focus is on determining what the available evidence establishes about the driver’s negligence, causation, the injuries suffered, and the damages that may be recoverable.
Can a DUI Arrest or Conviction Help Prove My Case?
A DUI arrest can provide important evidence in a personal injury claim, but I do not treat an arrest as automatic proof that the driver caused the accident. The civil case still requires us to determine how the collision occurred, whether the driver’s actions caused it, and whether those actions resulted in the injuries being claimed. A conviction or guilty plea may also become relevant, depending on the circumstances and applicable Florida law.
Our Jacksonville drunk driver attorneys look beyond the criminal charge to the evidence developed during the DUI investigation. Breath or blood alcohol results, officer observations, body-camera footage, witness statements, admissions by the driver, and evidence of the driver’s behavior before the collision may help establish impairment and how the accident occurred. This evidence can remain important even when the criminal case does not result in a DUI conviction.
Because criminal and civil cases serve different purposes and use different legal standards, I independently evaluate the personal injury claim rather than relying on the outcome of the DUI prosecution. My focus is on determining what the available evidence establishes about the driver’s negligence, causation, the injuries suffered, and the damages that may be recoverable.
Who Can Be Held Responsible for a Drunk Driving Accident?
The impaired driver is usually the first person we investigate when determining responsibility for a drunk driving accident. If that driver’s negligence caused the collision, a claim may be pursued against the driver and the applicable insurance coverage. However, I do not assume that the driver is necessarily the only person or entity whose actions should be examined.
Depending on the facts, our Jacksonville drunk driver attorneys may investigate whether the vehicle was owned by someone other than the driver, whether the driver was working at the time of the accident, or whether another party’s conduct contributed to the collision. Florida law can impose responsibility on a vehicle owner or employer under certain circumstances, but these issues depend heavily on the facts and the legal relationship between the parties.
Alcohol providers present a different issue. Florida law generally limits when a person or business that furnishes alcohol can be held responsible for injuries caused by someone who later becomes intoxicated. Because these claims are governed by specific requirements, I investigate where the alcohol came from and the circumstances under which it was provided before determining whether an additional claim may exist.
Identifying every potentially responsible party can also be important when an impaired driver has insufficient insurance to compensate someone who has suffered serious injuries. My goal is not to add defendants unnecessarily, but to determine who may legally bear responsibility and what sources of insurance or compensation may legitimately be available.
Who Can Be Held Responsible for a Drunk Driving Accident?
The impaired driver is usually the first person we investigate when determining responsibility for a drunk driving accident. If that driver’s negligence caused the collision, a claim may be pursued against the driver and the applicable insurance coverage. However, I do not assume that the driver is necessarily the only person or entity whose actions should be examined.
Depending on the facts, our Jacksonville drunk driver attorneys may investigate whether the vehicle was owned by someone other than the driver, whether the driver was working at the time of the accident, or whether another party’s conduct contributed to the collision. Florida law can impose responsibility on a vehicle owner or employer under certain circumstances, but these issues depend heavily on the facts and the legal relationship between the parties.
Alcohol providers present a different issue. Florida law generally limits when a person or business that furnishes alcohol can be held responsible for injuries caused by someone who later becomes intoxicated. Because these claims are governed by specific requirements, I investigate where the alcohol came from and the circumstances under which it was provided before determining whether an additional claim may exist.
Identifying every potentially responsible party can also be important when an impaired driver has insufficient insurance to compensate someone who has suffered serious injuries. My goal is not to add defendants unnecessarily, but to determine who may legally bear responsibility and what sources of insurance or compensation may legitimately be available.
Who Can Be Held Responsible for a Drunk Driving Accident?
The impaired driver is usually the first person we investigate when determining responsibility for a drunk driving accident. If that driver’s negligence caused the collision, a claim may be pursued against the driver and the applicable insurance coverage. However, I do not assume that the driver is necessarily the only person or entity whose actions should be examined.
Depending on the facts, our Jacksonville drunk driver attorneys may investigate whether the vehicle was owned by someone other than the driver, whether the driver was working at the time of the accident, or whether another party’s conduct contributed to the collision. Florida law can impose responsibility on a vehicle owner or employer under certain circumstances, but these issues depend heavily on the facts and the legal relationship between the parties.
Alcohol providers present a different issue. Florida law generally limits when a person or business that furnishes alcohol can be held responsible for injuries caused by someone who later becomes intoxicated. Because these claims are governed by specific requirements, I investigate where the alcohol came from and the circumstances under which it was provided before determining whether an additional claim may exist.
Identifying every potentially responsible party can also be important when an impaired driver has insufficient insurance to compensate someone who has suffered serious injuries. My goal is not to add defendants unnecessarily, but to determine who may legally bear responsibility and what sources of insurance or compensation may legitimately be available.
Florida’s Dram Shop Law and Claims Against Bars or Alcohol Vendors
Florida does not generally make a bar, restaurant, or other alcohol provider responsible simply because it served alcohol to someone who later caused an accident. Florida’s dram shop statute creates limited exceptions. A person who furnishes alcohol may potentially face liability when alcohol was willfully and unlawfully sold or furnished to someone under the legal drinking age, or when alcohol was knowingly served to a person habitually addicted to alcohol.
Because the law is narrow, our Jacksonville drunk driver attorneys investigate the circumstances before concluding that an alcohol provider may be responsible. That can include determining where the driver obtained alcohol, who provided it, what the provider knew, and whether witnesses, receipts, surveillance footage, or other records help establish what occurred. Evidence that a driver appeared visibly intoxicated, by itself, does not necessarily create a Florida dram shop claim.
When the facts support further investigation, I believe it is important to identify and preserve this evidence as early as possible. A viable claim against an alcohol provider can involve different evidence and legal requirements from the negligence claim against the impaired driver, so I evaluate the two issues separately rather than assuming that every drunk driving accident creates liability for the establishment that served the driver.
Florida’s Dram Shop Law and Claims Against Bars or Alcohol Vendors
Florida does not generally make a bar, restaurant, or other alcohol provider responsible simply because it served alcohol to someone who later caused an accident. Florida’s dram shop statute creates limited exceptions. A person who furnishes alcohol may potentially face liability when alcohol was willfully and unlawfully sold or furnished to someone under the legal drinking age, or when alcohol was knowingly served to a person habitually addicted to alcohol.
Because the law is narrow, our Jacksonville drunk driver attorneys investigate the circumstances before concluding that an alcohol provider may be responsible. That can include determining where the driver obtained alcohol, who provided it, what the provider knew, and whether witnesses, receipts, surveillance footage, or other records help establish what occurred. Evidence that a driver appeared visibly intoxicated, by itself, does not necessarily create a Florida dram shop claim.
When the facts support further investigation, I believe it is important to identify and preserve this evidence as early as possible. A viable claim against an alcohol provider can involve different evidence and legal requirements from the negligence claim against the impaired driver, so I evaluate the two issues separately rather than assuming that every drunk driving accident creates liability for the establishment that served the driver.
Florida’s Dram Shop Law and Claims Against Bars or Alcohol Vendors
Florida does not generally make a bar, restaurant, or other alcohol provider responsible simply because it served alcohol to someone who later caused an accident. Florida’s dram shop statute creates limited exceptions. A person who furnishes alcohol may potentially face liability when alcohol was willfully and unlawfully sold or furnished to someone under the legal drinking age, or when alcohol was knowingly served to a person habitually addicted to alcohol.
Because the law is narrow, our Jacksonville drunk driver attorneys investigate the circumstances before concluding that an alcohol provider may be responsible. That can include determining where the driver obtained alcohol, who provided it, what the provider knew, and whether witnesses, receipts, surveillance footage, or other records help establish what occurred. Evidence that a driver appeared visibly intoxicated, by itself, does not necessarily create a Florida dram shop claim.
When the facts support further investigation, I believe it is important to identify and preserve this evidence as early as possible. A viable claim against an alcohol provider can involve different evidence and legal requirements from the negligence claim against the impaired driver, so I evaluate the two issues separately rather than assuming that every drunk driving accident creates liability for the establishment that served the driver.
Punitive Damages in Florida Drunk Driving Cases
Most damages in a car accident claim are compensatory, meaning they are intended to compensate an injured person for losses caused by the accident. Punitive damages serve a different purpose. They are intended to punish particularly wrongful conduct and deter similar conduct. Florida law establishes specific requirements for pursuing punitive damages, including a requirement that there be a reasonable evidentiary basis before a plaintiff may amend a complaint to assert them.
Drunk driving cases receive special treatment under Florida’s punitive damages statutes. Section 768.736 provides an exception to certain punitive-damage provisions when a defendant was under the influence of alcohol or drugs to the extent that normal faculties were impaired, or had a blood- or breath-alcohol level of 0.08 percent or higher. This is one reason our Jacksonville drunk driver attorneys carefully preserve breath or blood test results and other evidence concerning impairment.
I do not tell clients that punitive damages are automatic simply because the other driver was arrested for DUI. Whether they can be pursued depends on the evidence and circumstances of the individual case. When the evidence supports such a claim, however, punitive damages can become an important issue that is separate from compensation for medical expenses, lost income, pain and suffering, and the other losses caused by the accident.
Punitive Damages in Florida Drunk Driving Cases
Most damages in a car accident claim are compensatory, meaning they are intended to compensate an injured person for losses caused by the accident. Punitive damages serve a different purpose. They are intended to punish particularly wrongful conduct and deter similar conduct. Florida law establishes specific requirements for pursuing punitive damages, including a requirement that there be a reasonable evidentiary basis before a plaintiff may amend a complaint to assert them.
Drunk driving cases receive special treatment under Florida’s punitive damages statutes. Section 768.736 provides an exception to certain punitive-damage provisions when a defendant was under the influence of alcohol or drugs to the extent that normal faculties were impaired, or had a blood- or breath-alcohol level of 0.08 percent or higher. This is one reason our Jacksonville drunk driver attorneys carefully preserve breath or blood test results and other evidence concerning impairment.
I do not tell clients that punitive damages are automatic simply because the other driver was arrested for DUI. Whether they can be pursued depends on the evidence and circumstances of the individual case. When the evidence supports such a claim, however, punitive damages can become an important issue that is separate from compensation for medical expenses, lost income, pain and suffering, and the other losses caused by the accident.
Punitive Damages in Florida Drunk Driving Cases
Most damages in a car accident claim are compensatory, meaning they are intended to compensate an injured person for losses caused by the accident. Punitive damages serve a different purpose. They are intended to punish particularly wrongful conduct and deter similar conduct. Florida law establishes specific requirements for pursuing punitive damages, including a requirement that there be a reasonable evidentiary basis before a plaintiff may amend a complaint to assert them.
Drunk driving cases receive special treatment under Florida’s punitive damages statutes. Section 768.736 provides an exception to certain punitive-damage provisions when a defendant was under the influence of alcohol or drugs to the extent that normal faculties were impaired, or had a blood- or breath-alcohol level of 0.08 percent or higher. This is one reason our Jacksonville drunk driver attorneys carefully preserve breath or blood test results and other evidence concerning impairment.
I do not tell clients that punitive damages are automatic simply because the other driver was arrested for DUI. Whether they can be pursued depends on the evidence and circumstances of the individual case. When the evidence supports such a claim, however, punitive damages can become an important issue that is separate from compensation for medical expenses, lost income, pain and suffering, and the other losses caused by the accident.
Compensation Available to Victims of Drunk Drivers
The compensation available after a drunk driving accident depends on the injuries, financial losses, insurance coverage, and other circumstances of the individual case. Our Jacksonville drunk driver attorneys document these losses carefully because the effects of a serious accident can extend well beyond the initial emergency room visit or vehicle damage.
Economic damages may include past and future medical expenses, rehabilitation costs, lost wages, and loss of future earning capacity when supported by the evidence. In serious injury cases, I also consider whether the person will require future medical treatment, assistance with daily activities, or other long-term care. Property damage and certain other accident-related financial losses may also be recoverable.
Florida law may also allow recovery of noneconomic damages for losses such as pain and suffering, mental anguish, inconvenience, and loss of enjoyment of life when the applicable legal requirements are met. The value of these damages cannot be determined from a formula. I evaluate the nature and permanence of the injuries, the treatment required, and how the accident has affected the person’s work, family responsibilities, activities, and everyday life.
Compensatory damages should also be distinguished from the punitive damages discussed above. Compensatory damages address the victim’s losses, while punitive damages are intended to punish and deter particularly wrongful conduct. Our Jacksonville drunk driver attorneys evaluate these categories separately so that any demand for compensation is supported by the facts, medical evidence, financial documentation, and applicable Florida law.
Compensation Available to Victims of Drunk Drivers
The compensation available after a drunk driving accident depends on the injuries, financial losses, insurance coverage, and other circumstances of the individual case. Our Jacksonville drunk driver attorneys document these losses carefully because the effects of a serious accident can extend well beyond the initial emergency room visit or vehicle damage.
Economic damages may include past and future medical expenses, rehabilitation costs, lost wages, and loss of future earning capacity when supported by the evidence. In serious injury cases, I also consider whether the person will require future medical treatment, assistance with daily activities, or other long-term care. Property damage and certain other accident-related financial losses may also be recoverable.
Florida law may also allow recovery of noneconomic damages for losses such as pain and suffering, mental anguish, inconvenience, and loss of enjoyment of life when the applicable legal requirements are met. The value of these damages cannot be determined from a formula. I evaluate the nature and permanence of the injuries, the treatment required, and how the accident has affected the person’s work, family responsibilities, activities, and everyday life.
Compensatory damages should also be distinguished from the punitive damages discussed above. Compensatory damages address the victim’s losses, while punitive damages are intended to punish and deter particularly wrongful conduct. Our Jacksonville drunk driver attorneys evaluate these categories separately so that any demand for compensation is supported by the facts, medical evidence, financial documentation, and applicable Florida law.
Compensation Available to Victims of Drunk Drivers
The compensation available after a drunk driving accident depends on the injuries, financial losses, insurance coverage, and other circumstances of the individual case. Our Jacksonville drunk driver attorneys document these losses carefully because the effects of a serious accident can extend well beyond the initial emergency room visit or vehicle damage.
Economic damages may include past and future medical expenses, rehabilitation costs, lost wages, and loss of future earning capacity when supported by the evidence. In serious injury cases, I also consider whether the person will require future medical treatment, assistance with daily activities, or other long-term care. Property damage and certain other accident-related financial losses may also be recoverable.
Florida law may also allow recovery of noneconomic damages for losses such as pain and suffering, mental anguish, inconvenience, and loss of enjoyment of life when the applicable legal requirements are met. The value of these damages cannot be determined from a formula. I evaluate the nature and permanence of the injuries, the treatment required, and how the accident has affected the person’s work, family responsibilities, activities, and everyday life.
Compensatory damages should also be distinguished from the punitive damages discussed above. Compensatory damages address the victim’s losses, while punitive damages are intended to punish and deter particularly wrongful conduct. Our Jacksonville drunk driver attorneys evaluate these categories separately so that any demand for compensation is supported by the facts, medical evidence, financial documentation, and applicable Florida law.
What If the Drunk Driver Doesn’t Have Enough Insurance?
One of the difficult realities of a serious drunk driving accident is that the person who caused it may not have enough liability insurance to cover the injuries and losses they caused. When damages exceed the driver’s available coverage, our Jacksonville drunk driver attorneys investigate whether additional insurance or other legally responsible parties may provide another potential source of recovery.
Uninsured/underinsured motorist coverage, commonly called UM/UIM coverage, can be particularly important. If you purchased this coverage, it may provide benefits when the at-fault driver has no insurance or insufficient liability coverage. Depending on the policy and circumstances, coverage available through other applicable policies may also need to be investigated. I review the relevant insurance policies rather than assuming the limits shown for the impaired driver represent all available coverage.
This is also why identifying potentially responsible parties early in the case can matter. Depending on the facts, we may need to examine vehicle ownership, whether the driver was acting within the scope of employment, and other circumstances that could affect liability or insurance coverage. The goal of our Jacksonville drunk driver attorneys is to identify legitimate sources of compensation supported by the evidence and Florida law, particularly when the injuries are substantial and the impaired driver’s insurance is inadequate.
What If the Drunk Driver Doesn’t Have Enough Insurance?
One of the difficult realities of a serious drunk driving accident is that the person who caused it may not have enough liability insurance to cover the injuries and losses they caused. When damages exceed the driver’s available coverage, our Jacksonville drunk driver attorneys investigate whether additional insurance or other legally responsible parties may provide another potential source of recovery.
Uninsured/underinsured motorist coverage, commonly called UM/UIM coverage, can be particularly important. If you purchased this coverage, it may provide benefits when the at-fault driver has no insurance or insufficient liability coverage. Depending on the policy and circumstances, coverage available through other applicable policies may also need to be investigated. I review the relevant insurance policies rather than assuming the limits shown for the impaired driver represent all available coverage.
This is also why identifying potentially responsible parties early in the case can matter. Depending on the facts, we may need to examine vehicle ownership, whether the driver was acting within the scope of employment, and other circumstances that could affect liability or insurance coverage. The goal of our Jacksonville drunk driver attorneys is to identify legitimate sources of compensation supported by the evidence and Florida law, particularly when the injuries are substantial and the impaired driver’s insurance is inadequate.
What If the Drunk Driver Doesn’t Have Enough Insurance?
One of the difficult realities of a serious drunk driving accident is that the person who caused it may not have enough liability insurance to cover the injuries and losses they caused. When damages exceed the driver’s available coverage, our Jacksonville drunk driver attorneys investigate whether additional insurance or other legally responsible parties may provide another potential source of recovery.
Uninsured/underinsured motorist coverage, commonly called UM/UIM coverage, can be particularly important. If you purchased this coverage, it may provide benefits when the at-fault driver has no insurance or insufficient liability coverage. Depending on the policy and circumstances, coverage available through other applicable policies may also need to be investigated. I review the relevant insurance policies rather than assuming the limits shown for the impaired driver represent all available coverage.
This is also why identifying potentially responsible parties early in the case can matter. Depending on the facts, we may need to examine vehicle ownership, whether the driver was acting within the scope of employment, and other circumstances that could affect liability or insurance coverage. The goal of our Jacksonville drunk driver attorneys is to identify legitimate sources of compensation supported by the evidence and Florida law, particularly when the injuries are substantial and the impaired driver’s insurance is inadequate.
What If I Was Partially Responsible for the Accident?
A drunk driver’s impairment does not necessarily mean that the other driver is automatically free from responsibility for the collision. Florida follows a modified comparative negligence system. If the evidence shows that an injured person was also negligent, that person’s percentage of fault can affect the compensation recoverable. For most negligence claims, a person found more than 50% at fault cannot recover damages from the other party.
When fault is disputed, our Jacksonville drunk driver attorneys examine the accident independently rather than assuming that the DUI allegation settles the issue. I look at vehicle positions and damage, photographs, witness statements, available video, traffic laws, physical evidence, and other information that helps establish what each driver was doing immediately before the collision. An insurance company may argue, for example, that the injured driver was speeding, distracted, or otherwise contributed to the accident.
If an injured person is found partially responsible but is not barred from recovery under Florida’s comparative negligence law, the recoverable damages may be reduced according to that person’s percentage of fault. A person assessed 20% of the responsibility, for example, would generally have an award reduced by 20%. This is why I believe liability should be determined from the evidence rather than from assumptions about either driver.
What If I Was Partially Responsible for the Accident?
A drunk driver’s impairment does not necessarily mean that the other driver is automatically free from responsibility for the collision. Florida follows a modified comparative negligence system. If the evidence shows that an injured person was also negligent, that person’s percentage of fault can affect the compensation recoverable. For most negligence claims, a person found more than 50% at fault cannot recover damages from the other party.
When fault is disputed, our Jacksonville drunk driver attorneys examine the accident independently rather than assuming that the DUI allegation settles the issue. I look at vehicle positions and damage, photographs, witness statements, available video, traffic laws, physical evidence, and other information that helps establish what each driver was doing immediately before the collision. An insurance company may argue, for example, that the injured driver was speeding, distracted, or otherwise contributed to the accident.
If an injured person is found partially responsible but is not barred from recovery under Florida’s comparative negligence law, the recoverable damages may be reduced according to that person’s percentage of fault. A person assessed 20% of the responsibility, for example, would generally have an award reduced by 20%. This is why I believe liability should be determined from the evidence rather than from assumptions about either driver.
What If I Was Partially Responsible for the Accident?
A drunk driver’s impairment does not necessarily mean that the other driver is automatically free from responsibility for the collision. Florida follows a modified comparative negligence system. If the evidence shows that an injured person was also negligent, that person’s percentage of fault can affect the compensation recoverable. For most negligence claims, a person found more than 50% at fault cannot recover damages from the other party.
When fault is disputed, our Jacksonville drunk driver attorneys examine the accident independently rather than assuming that the DUI allegation settles the issue. I look at vehicle positions and damage, photographs, witness statements, available video, traffic laws, physical evidence, and other information that helps establish what each driver was doing immediately before the collision. An insurance company may argue, for example, that the injured driver was speeding, distracted, or otherwise contributed to the accident.
If an injured person is found partially responsible but is not barred from recovery under Florida’s comparative negligence law, the recoverable damages may be reduced according to that person’s percentage of fault. A person assessed 20% of the responsibility, for example, would generally have an award reduced by 20%. This is why I believe liability should be determined from the evidence rather than from assumptions about either driver.
Fatal Drunk Driving Accidents and Wrongful Death Claims
Drunk driving accidents sometimes result in injuries that a victim does not survive. In those circumstances, Florida’s Wrongful Death Act may allow the personal representative of the deceased person’s estate to bring a wrongful death action for the benefit of the estate and eligible survivors. Because Florida law specifies who may recover particular damages, I believe these cases should be evaluated based on the individual family relationships and circumstances rather than making broad assumptions about what compensation is available.
Depending on the circumstances, recoverable damages can include certain lost financial support and services, medical or funeral expenses, and losses suffered by qualifying survivors. Florida law also permits particular survivors to seek damages for losses such as companionship, protection, parental companionship, instruction and guidance, or mental pain and suffering when the statutory requirements are satisfied.
Our Jacksonville drunk driver attorneys investigate the circumstances of the collision while also examining the additional issues created by a wrongful death claim. That can include preserving evidence of impairment, establishing how the accident occurred, identifying available insurance and potentially responsible parties, and documenting the financial and personal losses resulting from the death. When appropriate, we can also evaluate whether the evidence supports pursuing punitive damages separately from the compensatory damages available under Florida’s wrongful death laws.
Fatal Drunk Driving Accidents and Wrongful Death Claims
Drunk driving accidents sometimes result in injuries that a victim does not survive. In those circumstances, Florida’s Wrongful Death Act may allow the personal representative of the deceased person’s estate to bring a wrongful death action for the benefit of the estate and eligible survivors. Because Florida law specifies who may recover particular damages, I believe these cases should be evaluated based on the individual family relationships and circumstances rather than making broad assumptions about what compensation is available.
Depending on the circumstances, recoverable damages can include certain lost financial support and services, medical or funeral expenses, and losses suffered by qualifying survivors. Florida law also permits particular survivors to seek damages for losses such as companionship, protection, parental companionship, instruction and guidance, or mental pain and suffering when the statutory requirements are satisfied.
Our Jacksonville drunk driver attorneys investigate the circumstances of the collision while also examining the additional issues created by a wrongful death claim. That can include preserving evidence of impairment, establishing how the accident occurred, identifying available insurance and potentially responsible parties, and documenting the financial and personal losses resulting from the death. When appropriate, we can also evaluate whether the evidence supports pursuing punitive damages separately from the compensatory damages available under Florida’s wrongful death laws.
Fatal Drunk Driving Accidents and Wrongful Death Claims
Drunk driving accidents sometimes result in injuries that a victim does not survive. In those circumstances, Florida’s Wrongful Death Act may allow the personal representative of the deceased person’s estate to bring a wrongful death action for the benefit of the estate and eligible survivors. Because Florida law specifies who may recover particular damages, I believe these cases should be evaluated based on the individual family relationships and circumstances rather than making broad assumptions about what compensation is available.
Depending on the circumstances, recoverable damages can include certain lost financial support and services, medical or funeral expenses, and losses suffered by qualifying survivors. Florida law also permits particular survivors to seek damages for losses such as companionship, protection, parental companionship, instruction and guidance, or mental pain and suffering when the statutory requirements are satisfied.
Our Jacksonville drunk driver attorneys investigate the circumstances of the collision while also examining the additional issues created by a wrongful death claim. That can include preserving evidence of impairment, establishing how the accident occurred, identifying available insurance and potentially responsible parties, and documenting the financial and personal losses resulting from the death. When appropriate, we can also evaluate whether the evidence supports pursuing punitive damages separately from the compensatory damages available under Florida’s wrongful death laws.
Questions I Am Frequently Asked by Victims of Drunk Drivers
Do I need to wait for the DUI case to end before pursuing my injury claim? Generally, no. The criminal DUI prosecution and your civil personal injury claim are separate matters. Our Jacksonville drunk driver attorneys can investigate and pursue the civil claim while monitoring developments in the criminal case that may provide relevant evidence.
What if the driver was not convicted of DUI? The absence of a DUI conviction does not necessarily prevent a civil claim. Criminal and civil cases involve different legal standards, and evidence of negligence may exist independently of the DUI charge. I evaluate the accident evidence, the driver’s conduct, causation, and the injuries rather than basing the civil case entirely on the outcome of the criminal prosecution.
Can I recover punitive damages because the other driver was drunk? Potentially, but punitive damages should not be assumed in every case involving suspected impairment. Florida law contains specific provisions addressing punitive damages in cases involving alcohol or drug impairment. I evaluate the available evidence to determine whether pursuing punitive damages may be legally appropriate.
What if the drunk driver has very little insurance? I investigate all potentially applicable insurance coverage, including uninsured or underinsured motorist coverage when available. Depending on the facts, vehicle ownership, an employment relationship, or another legally responsible party may also warrant investigation.
How long do I have to bring a drunk driving accident claim in Florida? The applicable deadline depends on the type of claim and the circumstances. Florida has statutes of limitations that can permanently bar claims that are filed too late. Because different deadlines can apply, I recommend determining the applicable limitation period early rather than assuming a particular deadline applies to your case.
Should I speak with the drunk driver’s insurance company? You may be contacted by an insurance adjuster soon after the accident. Before giving a recorded statement, signing a release, or accepting a settlement, I recommend understanding the extent of your injuries and what insurance coverage may be available. Once a claim has been fully settled and released, reopening it because an injury later proves more serious can be extremely difficult or impossible.
Questions I Am Frequently Asked by Victims of Drunk Drivers
Do I need to wait for the DUI case to end before pursuing my injury claim? Generally, no. The criminal DUI prosecution and your civil personal injury claim are separate matters. Our Jacksonville drunk driver attorneys can investigate and pursue the civil claim while monitoring developments in the criminal case that may provide relevant evidence.
What if the driver was not convicted of DUI? The absence of a DUI conviction does not necessarily prevent a civil claim. Criminal and civil cases involve different legal standards, and evidence of negligence may exist independently of the DUI charge. I evaluate the accident evidence, the driver’s conduct, causation, and the injuries rather than basing the civil case entirely on the outcome of the criminal prosecution.
Can I recover punitive damages because the other driver was drunk? Potentially, but punitive damages should not be assumed in every case involving suspected impairment. Florida law contains specific provisions addressing punitive damages in cases involving alcohol or drug impairment. I evaluate the available evidence to determine whether pursuing punitive damages may be legally appropriate.
What if the drunk driver has very little insurance? I investigate all potentially applicable insurance coverage, including uninsured or underinsured motorist coverage when available. Depending on the facts, vehicle ownership, an employment relationship, or another legally responsible party may also warrant investigation.
How long do I have to bring a drunk driving accident claim in Florida? The applicable deadline depends on the type of claim and the circumstances. Florida has statutes of limitations that can permanently bar claims that are filed too late. Because different deadlines can apply, I recommend determining the applicable limitation period early rather than assuming a particular deadline applies to your case.
Should I speak with the drunk driver’s insurance company? You may be contacted by an insurance adjuster soon after the accident. Before giving a recorded statement, signing a release, or accepting a settlement, I recommend understanding the extent of your injuries and what insurance coverage may be available. Once a claim has been fully settled and released, reopening it because an injury later proves more serious can be extremely difficult or impossible.
Questions I Am Frequently Asked by Victims of Drunk Drivers
Do I need to wait for the DUI case to end before pursuing my injury claim? Generally, no. The criminal DUI prosecution and your civil personal injury claim are separate matters. Our Jacksonville drunk driver attorneys can investigate and pursue the civil claim while monitoring developments in the criminal case that may provide relevant evidence.
What if the driver was not convicted of DUI? The absence of a DUI conviction does not necessarily prevent a civil claim. Criminal and civil cases involve different legal standards, and evidence of negligence may exist independently of the DUI charge. I evaluate the accident evidence, the driver’s conduct, causation, and the injuries rather than basing the civil case entirely on the outcome of the criminal prosecution.
Can I recover punitive damages because the other driver was drunk? Potentially, but punitive damages should not be assumed in every case involving suspected impairment. Florida law contains specific provisions addressing punitive damages in cases involving alcohol or drug impairment. I evaluate the available evidence to determine whether pursuing punitive damages may be legally appropriate.
What if the drunk driver has very little insurance? I investigate all potentially applicable insurance coverage, including uninsured or underinsured motorist coverage when available. Depending on the facts, vehicle ownership, an employment relationship, or another legally responsible party may also warrant investigation.
How long do I have to bring a drunk driving accident claim in Florida? The applicable deadline depends on the type of claim and the circumstances. Florida has statutes of limitations that can permanently bar claims that are filed too late. Because different deadlines can apply, I recommend determining the applicable limitation period early rather than assuming a particular deadline applies to your case.
Should I speak with the drunk driver’s insurance company? You may be contacted by an insurance adjuster soon after the accident. Before giving a recorded statement, signing a release, or accepting a settlement, I recommend understanding the extent of your injuries and what insurance coverage may be available. Once a claim has been fully settled and released, reopening it because an injury later proves more serious can be extremely difficult or impossible.
Learn More About Motor Vehicle Accident Claims
No two motor vehicle accidents are exactly alike, and the laws, insurance issues, and evidence involved can vary depending on the type of collision and the circumstances surrounding it. Throughout my years representing injured clients, I have learned that understanding these differences often helps people make better decisions after an accident. I created the following resources to provide more detailed information about many of the specific legal issues I encounter in my practice as a car accident lawyer in Jacksonville. Whether your accident involved a commercial truck, motorcycle, pedestrian, bicycle, or another type of motor vehicle collision, these articles are designed to help you better understand your legal rights and the factors that may affect your claim.
Learn More About Motor Vehicle Accident Claims
No two motor vehicle accidents are exactly alike, and the laws, insurance issues, and evidence involved can vary depending on the type of collision and the circumstances surrounding it. Throughout my years representing injured clients, I have learned that understanding these differences often helps people make better decisions after an accident. I created the following resources to provide more detailed information about many of the specific legal issues I encounter in my practice as a car accident lawyer in Jacksonville. Whether your accident involved a commercial truck, motorcycle, pedestrian, bicycle, or another type of motor vehicle collision, these articles are designed to help you better understand your legal rights and the factors that may affect your claim.
Meet Michael D. McGrath
Managing Partner
I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.
Meet Michael D. McGrath
Managing Partner
I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.
Meet Michael D. McGrath
Managing Partner
I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.
Contact Us
McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL DEFENSE
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON LAW are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON LAW family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON LAW website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON LAW and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON LAW and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON LAW.
McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL DEFENSE
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON.
(904) 358-3300
Calls Answered 24 Hours a Day, Every Day.
Office: M-F 8:00 AM to 5:00 PM
Main Office:
6117 Atlantic Boulevard
Jacksonville, FL 32211
(904) 358-3300
Calls Answered 24 Hours a Day, Every Day.
Office Hours: M-F 8:00 AM to 5:00 PM
6117 Atlantic Boulevard
Jacksonville, FL 32211
