DUI Accident Lawsuit

Understanding Your Rights After a Miami DUI Accident 

Car accident victims have the right to pursue a claim against the at-fault driver who caused their accident. To win a lawsuit, you must establish the following:

• The defendant’s duty of care
• The defendant’s breach of their duty
• The breach of duty caused harm
• Damages suffered because of that harm

These four components establish negligence per se. A driver has a duty to comply with traffic laws to reduce the risk of harm to others. Someone driving under the influence is disobeying traffic laws and increasing the risk of harm to others, which means they’re breaching their duty. 

If you suffer harm in a drunk driving accident, you can pursue a DUI accident lawsuit to recover the damages you incurred.

Damages you can seek in a DUI accident claim could include the following:

• Childcare costs
• House cleaning bills
• Job retraining expenses
• Lost wages
• Medical bills
• Pain and suffering
• Property damage costs
• Transportation costs

How Long After an Accident Can You Be Charged With a DUI? 

You may wonder how long after an accident the police have to charge the driver with a DUI. Can drivers be charged years after the accident? DUI charges are often filed promptly if a driver fails a breathalyzer or field sobriety test at the scene of the accident. If law enforcement runs blood tests, it may take days or weeks to receive results that justify charges.

The statute of limitations for taking legal action over a car accident is two years; however, drivers charged with a DUI face criminal charges. Penalties for a DUI conviction can include the following:

• Driver’s license suspension
• Fines
• Imprisonment
• Vehicle impoundment

The statute may be extended to three years if the driver flees the accident scene or causes a fatality. Those driving under the influence who cause a person’s death may be charged with vehicular manslaughter or vehicular homicide.

What To Do Immediately Following a DUI Car Accident

There are specific steps you should and should not take after a DUI car accident.

Steps you should take include the following:

• Move to a safe location: Move your vehicle to the shoulder of the road if possible.
• Call 911: You can request police and an ambulance by calling 911. You must notify the police, and have an accident report filed if the accident involves any of the following:
  • Death
  • Injuries
  • Property damage of $500 or more
• Information exchange: You must provide your name and insurance information, as well as the make, model, and license plate number of your vehicle. Other drivers should provide you with this information. If they refuse, you can inform the police when they arrive and get that information from them.
• Document the scene: Make notes of any details that may be relevant. For example, write down if you noticed one of the vehicles swerving before the accident, or if the traffic lights were malfunctioning. Gather information about the accident, including the following:
  • Names and contact information of witnesses
  • Photographs of the vehicles, people, witnesses, and accident scene
  • Videos of the vehicles, people, witnesses, and accident scene
• Contact a DUI accident lawyer: You should consult a lawyer before accepting responsibility for the accident, discussing the accident with other drivers, or talking to law enforcement officers. You may be in shock and unaware of relevant factors that affect liability. A drunk driving accident lawyer in Miami will advise you of your rights and help you protect your rights after an accident. 
• Seek medical attention: You should see a doctor and complete recommended medical tests after your accident to confirm if you suffered any injuries and receive swift treatment. 

Do not do any of the following after a DUI accident:

• Accept responsibility: An accident investigation may reveal crucial information that determines who was at fault. 
• Leave the scene: Unless you’re removed by medical personnel, you must stay at the accident site.
• Talk to the other driver’s insurance company: Your lawyer should handle all communications with the other driver’s insurance company to ensure your rights are protected. 

Role of a DUI Accident Lawyer in Protecting Your Claim 

Hiring a DUI accident lawyer from a DUI accident law firm with experience is the best way to protect your legal rights. The experienced DUI accident lawyers at Bernstein & Maryanoff will explain what to do after an accident and what not to do. 

Your lawyer will oversee an accident investigation and, if necessary, hire a reconstructionist. They will secure evidence, including the police report, toxicology results, drivers’ records, and witness statements. Your lawyer will use this information to determine who was at fault. 

Insurance companies may try to trick accident victims into accepting partial liability or agreeing to a settlement that’s less than they deserve. Your lawyer communicates with the other driver’s insurance company and uses the information gathered in their investigation to support your claim and negotiate a fair settlement. 

Will Your Insurance Cover Your DUI Accident? 

Does insurance cover a DUI accident? What expenses from DUI accidents does insurance cover? Your personal injury protection (PIP) insurance covers expenses, such as medical bills, lost wages, and rehabilitation costs. However, PIP insurance does not cover expenses for injuries caused while committing a crime. Since a DUI is a criminal offense, PIP may not cover your costs if you’re convicted of a DUI. 

Insurance companies may attempt to get accident victims to accept partial blame to reduce the amount of damages they must pay. Your lawyer can handle negotiations to protect you from common insurance company tactics to reduce payouts. 

Does Insurance Cover a DUI Accident?

You can seek damages for accident costs from the at-fault driver. Your insurance may cover some initial costs, but the at-fault driver’s insurance provider should cover the majority of the expenses. 

Will Your Car Insurance Pay for a Car Totaled in a DUI Accident? 

You may wonder if your car insurance will pay for a car that is totaled in a DUI accident. If you were not at fault, you can seek compensation from the at-fault driver. Their insurance company should cover the bulk of the accident expenses. The terms of your policy determine whether your insurance will cover your DUI accident if you were at fault.

Legal Process for a DUI Accident Claim

You have two years from the accident date to pursue a DUI accident claim against the at-fault driver. Ideally, you filed a police report when your Miami DUI accident occurred, sought medical attention, and consulted a DUI accident lawyer. 

Once you’ve fulfilled your legal obligations, sought medical care, and hired a lawyer, your lawyer will take the following steps:

• Prepare a demand letter requesting a settlement
• Negotiate with the at-fault party’s insurance company

If settlement negotiations fail, your lawyer will file a DUI accident lawsuit. Filing the lawsuit is necessary to ensure you can take your case to trial. However, your lawyer may engage in further negotiations in an attempt to avoid a trial and resolve your case out of court.

Your lawyer will present evidence at trial if they’re unable to negotiate a settlement. 

Why Choose Bernstein & Maryanoff for a DUI Accident Case in Miami? 

Bernstein & Maryanoff have decades of experience representing accident victims. We have successfully secured six and seven-figure settlements on behalf of car accident victims. Our clients appreciate our efforts to help them navigate the aftermath of an accident and resolve their claims. 

Each client we serve receives personalized, professional care. We will take the time to explain all your options and ensure your voice is heard throughout the entire process. We fight for justice and strive to ensure you are satisfied with the outcome of your case.

Have you been injured in a DUI accident? Get immediate legal help.

Contact Us Today for a Free Consultation 

Visit the law offices of Bernstein & Maryanoff at 9415 Sunset Drive in Miami, or use our contact form to speak to one of our lawyers today. We offer free consultations, allowing you to receive legal advice about your Miami DUI accident case with no obligation. Bernstein & Maryanoff charge contingency fees, which means you will not pay any legal fees until we successfully resolve your case.

Get expert legal advice now. Call 1-800-429-4529 for your free consultation.