Being involved in a traffic crash is horrific, but the implications are often more devastating in a DUI collision. The extreme losses often lead victims to seek compensation through different legal remedies, so there are a few details that are crucially important if you were hurt or lost a loved one.
Victims of drunk driving accidents in Miami should know these facts: the types of injuries involved, potential liability, dram shop rules, civil claim rights, and the importance of hiring a skilled DUI accident lawyer. A Miami drunk driving accident attorney can explain how they apply in your case, and you can read on for some general information.
Common Injuries Caused by DUI Crashes
Victims of drunk driving accidents in Miami often suffer serious and sometimes life-threatening injuries. Common injuries include:
- Whiplash
- Broken bones
- Traumatic brain injuries and concussion
- Spinal cord damage
- Internal bleeding
- Trauma to internal organs
Emotional trauma, including anxiety and PTSD, may follow the physical harm. Keep in mind that after being injured, it’s crucial to get medical care immediately to support your well-being and your legal rights.
Who is Liable in a Drunk Driving Accident Case in Miami?
In Miami drunk driving accident cases, the impaired driver is usually held liable for damages. However, liability can extend to other parties in certain situations. For example, if a drunk driver was operating a company vehicle, the employer might share responsibility. If a minor was served alcohol before the crash, a bar or social host could be held accountable. Determining liability requires a thorough investigation and in-depth knowledge of local case law.
Is There Dram Shop Liability in Florida?
Florida’s dram shop law is limited, but it can still apply in drunk driving accident cases in Miami. By law, a bar, restaurant, or alcohol vendor may be held liable if they serve alcohol to a minor or a person known to be habitually addicted to alcohol. This liability can be key in recovering damages from additional sources beyond the driver.
How Miami Laws Handle Drunk Driving Accident Claims
Criminal charges for DUI in Florida punish the drunk driver, so a conviction could mean jail time, probation, fines, and a license suspension. However, a criminal case does not compensate the victim. That’s where civil personal injury claims come in. A Miami drunk driving accident victim can file a civil lawsuit to recover:
- Medical costs
- Lost wages
- Pain and suffering
These are separate from the state’s criminal case. Working with a lawyer ensures both processes are properly addressed and that your rights to civil compensation are protected throughout.
Trust a Miami DUI Accidents Lawyer for Legal Support
These are helpful facts, but they are no replacement for the advice and counsel an experienced attorney provides. At Gerson & Schwartz, PA, our lawyers have decades of experience handling DUI accident claims and fighting for justice on behalf of injury victims throughout South Florida. Whether you are in Miami, Fort Lauderdale, or West Palm Beach, we are here to help you pursue the compensation you deserve. Please call (305) 371-6000 or check out our website to schedule your free consultation.