What to Do After a Drunk Driving Accident in Jacksonville, FL, 2024

Driving while under the influence, or a DUI, is dangerously reckless behavior that can result in catastrophic injury, death, and property damage. Causing an accident while under the influence can result in swift and harsh penalties that could follow you for the rest of your life. A DUI conviction can impact your professional relationships, your social status, and even your family. You may be wondering what to do after a drunk driving accident in Jacksonville, FL.

What to Do After a Drunk Driving Accident

If you are arrested after a drunk driving accident, you could be facing severe penalties unique to your situation. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), any person who causes a car accident that involves property damage or personal injury while under the influence of alcohol can be found guilty of a first-degree misdemeanor, which carries a maximum fine of one year in prison and a fine of $1,000.

However, if that crash results in serious bodily harm, you could be found guilty of a third-degree felony, which carries a maximum fine of $5,000 and up to five years in prison. The penalties for DUI manslaughter and vehicular homicide are substantially higher and could result in up to 30 years in prison.

Whenever you are in a car accident, you should take the proper precautions to protect yourself. However, if you are drunk at the time, it may be harder to follow the steps you must take to ensure you are protected. Here are some steps you can take following a drunk driving accident:

• Don’t flee. The last thing you should do is flee the scene of an accident, especially if you are over the legal alcohol limit. Leaving the scene of the accident may only increase the penalties you might face. Stay calm and try your hardest to assess the situation. Your first instinct may be to panic and try to get as far away as you possibly can. If someone else is hurt and you are caught fleeing, you may only face increased charges.
• Wait for the police. If you are drunk and have caused an accident, you are likely going to be arrested. The smartest thing you can do is check yourself for injuries and wait for the police. Once they arrive, don’t resist but also don’t admit any fault for the accident.
• Contact a lawyer. You will want to reach out to an experienced DUI lawyer as soon as possible. You don’t have to answer any questions from the police that you don’t want to, especially without your lawyer present. Once your lawyer arrives, let them take care of the rest. They can start building your case and do what they can to defend you.

Comparative Fault

One of the common defenses against a drunk driving charge is comparative fault. In this case, a drunk driving defendant may attempt to prove that the plaintiff shared some responsibility in causing the crash. However, under state law, drunk drivers are generally prohibited from seeking any amount of damages for their own injuries, as they are deemed to automatically be more than 50% at fault for the accident simply because they were drunk.

FAQs

Q: What Happens if You Get Into an Accident While Drunk in Florida?

A: If you get into a car accident while you are drunk, the penalties can be severe and life-altering, depending on the circumstances of the accident. If you cause an accident that results in minor injuries and property damage, you could be charged with a first-degree misdemeanor and pay a hefty fine or serve some jail time. However, if you cause an accident that results in serious harm to another person, you could be charged with a felony.

Q: What Happens if You Are at Fault in a Car Accident?

A: If you are found to be liable for a car accident in Florida, you could be facing civil lawsuits from the party you injured and could be responsible for compensating them for their property damage, medical bills, pain and suffering, lost wages, and other damages named in their suit. In addition, your insurance rates will likely increase. Under Florida’s comparative fault laws, both parties could be found to be a certain percentage liable for the crash.

Q: Is Florida a No-Fault State for Auto Insurance?

A: Yes, it is a no-fault state for auto insurance. This requires all drivers to carry personal injury protection, or PIP, insurance to ensure that some costs are covered no matter who is found to be at fault for the accident. If the accident results in serious injuries, you may be able to seek additional compensation from the party who caused the accident, though that may be easier through a personal injury lawsuit.

Q: How Do You Handle a Car Accident?

A: The way you handle a car accident in Florida is to be careful what you say and who you say it to. In addition, you should be aware of your injuries and the damage that has been done to your car and the other driver’s car. Don’t panic, don’t flee the scene, be completely honest with law enforcement, document the scene, notify your insurance company, and contact a lawyer to get started on your car accident claim.

Reach Out to an Experienced Car Accident Lawyer Today

Causing a car accident because you were intoxicated behind the wheel can cause significant penalties that could alter the trajectory of your life. It is vital that you retain the services of an experienced car accident or DUI lawyer who can help you build a defense and protect you from severe penalties.

The legal team at Spohrer Dodd Trial Attorneys can offer you legal guidance when you need it most. We can help you develop your case, build a valid defense, and represent your interests in court if it comes to that. Reach out today to schedule a consultation with a valued team member and learn more about how we can help.