Because of the devastating destruction and harm impaired motorists can cause, the penalties for drunk driving are serious. Under Florida’s Driving Under the Influence (DUI) law, a conviction could lead to fines, jail time, and a suspended license.
Injured victims also have remedies in civil court, but there is often confusion about the proceedings. A Miami drunk driving accident attorney can explain how these cases are different and why you do NOT need a conviction to recover compensation.
Civil DUI Injury Claims Versus Criminal Drunk Driving Cases
After a DUI arrest, the State of Florida prosecutes a criminal case that focuses on punishing the driver. A civil DUI injury claim is different because it is filed by the injured victim, who seeks financial compensation for medical bills, lost income, and pain and suffering.
The burden of proof is also lower in civil court. Even if prosecutors drop charges because they cannot meet the high standard of a criminal case, a victim can still pursue damages through a personal injury claim.
Why a DUI Conviction Is Not Required for a Personal Injury Claim
Miami DUI accident victims can get compensation even if the driver is not guilty because the standard of proof is a preponderance of the evidence. This standard means most of the proof shows that it is more likely than not that the driver caused the crash. A jury could find a driver financially liable because of this likelihood, whereas they might NOT convict because there is a shadow of doubt.
What Evidence Is Needed to Prove Liability in a Miami DUI Accident?
Strong evidence is critical after a drunk driving crash in Miami. To establish impairment, you may rely on:
- Police reports
- Breath or blood test results
- Field sobriety observations
Witness statements, traffic camera footage, and crash reconstruction findings can also show fault. You must also connect the collision to your injuries, so medical records prove causation and document damages. Even without a DUI conviction, this evidence can demonstrate negligence, which is the key issue in a Miami civil injury case.
How a Miami Personal Injury Attorney Can Help
Legal guidance becomes even more important when you do not have a conviction. Your Miami DUI crash attorney can:
- Conduct an independent investigation
- Gather evidence before it disappears
- Work with experts to strengthen your claim
They can also handle negotiations with insurance companies that may try to deny liability based on the lack of a conviction. By focusing on civil standards of proof, an attorney helps protect your right to compensation in Miami.
Our Miami Drunk Driving Accident Lawyers Seek Justice
Do not lose hope if the drunk driver who caused your accident is not guilty. You may still have the right to pursue financial recovery through a civil claim. The team at Gerson & Schwartz, PA, is ready to evaluate your case, gather critical evidence, and explain your legal options. To schedule your free consultation, please check out our website or call (305) 371-6000 to reach our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.