Miami is infamous for having one of the highest car accident rates in the US. A huge chunk of that involves drunk driving, which is unsurprising given Miami’s reputation as a nightlife destination and tourist hub. Nonetheless, this isn’t an excuse for irresponsible drivers to engage in drunk driving behavior that poses a serious threat to everyone else on the road. With the prevalence of drunk driving in Miami, it’s a sad fact of life that all drivers must prepare for an encounter with these drivers. Knowing what to do if a drunk driver hits you in Miami gives you the presence of mind on what to do (and what not to do) to ensure your rights are protected and you obtain justice against the offending driver.

How Common are Drunk Driving in Miami?

 To understand the risk of drunk driving in Miami, let’s look at crucial statistics that involve drunk driving and car accidents. 

  • 10.8% of driving deaths in Miami-Dade have alcohol involvement from 2017-2021 (Source:  Miami Dade Matters)
  • 32% (per 100,000 residents) have been arrested for driving under the influence in Miami-Date County, as of August 2022 (Source: Miami Date Matters)
  • Over 3,000 Florida residents and visitors die from a car crash annually (Source: NHTSA)
  • Over 16,000 serious injuries result from the annual car crashes in Florida (Source: NHTSA)
  • Miami is ranked #5 in Florida as the riskiest city for impaired driving due to alcohol. Only Jacksonville, Orlando, Tampa, and Saint Petersburg are higher. (Source: NHTSA)
  • In December 2022, 22% of fatal car crashes involved drunk male drivers vs 16% female drunk drivers (Source: Traffic Safety Marketing)

Given these statistics, you must know that Florida imposes legal alcohol limits for all drivers. That limit is set at 0.8%. Drivers exceeding this limit face serious consequences, such as fines, driver’s license suspension, and the possibility of imprisonment. Repeat offenders face more severe consequences, especially involving death or injuries. 

Why Do Drunk Driving Accidents Occur?

Drunk driving is a result of a driver’s risky behavior resulting from impairment due to alcohol intoxication. Alcohol and driving is a risky combination. It impacts your ability to drive.

When alcohol enters your bloodstream, it affects your central nervous system, including the brain. Your brain is critical to stay alert of your surroundings and other cars, especially during nighttime driving. 

According to the Alcohol and Drug Foundation, alcohol-impaired driving causes the following: 

  • Impaired vision
  • Slower reaction times
  • Feeling of drowsiness
  • Reduced concentration
  • Inability to obey road and traffic rules
  • Risky driving due to lower inhibition
  • Inability to multi-task (driving while paying attention to other drivers and pedestrians)

If you are going out and driving, the safest thing to do is refrain from consuming any alcohol. If you must have a drink, choose non-alcoholic drinks. If you drink, make sure to maintain a blood alcohol level of 0.05 since this is what experts believe is the level that does not have a significant impact on the brain and your ability to drive. 

Alcohol-impaired driving.

 

What to Do If You’re Hit By a Drunk Driver in Miami

Involving in a car accident is devastating. However, things can be more complicated when a drunk driver hits you in Miami.

Car accidents caused by intoxicated drivers or those driving under the influence can have damaging consequences. The injuries or effects of the car collision tend to be more serious, with some incidents even resulting in fatalities.

Therefore, you are entitled to your rights and protection when a drunk driver hits you because it means they are driving illegally. These drivers abuse their licenses by exceeding the allowable alcohol limit as set by Florida traffic laws.

The following steps are the immediate actions you must take after the car collision.

Step 1: Notify Law Enforcement About the Accident

Your immediate priority after a drunk driving collision is your safety. Call 911 or alert the police about the incident. Proper authorities must reach the accident site to assess the damage and the extent of any injuries. 

Also, you must assess your condition and that of your passengers if you have a companion in the vehicle. If you cannot call the police or ask for help, you can ask them to do so.

Calling 911 is crucial so you can get immediate treatment for your injuries before they worsen. And for serious injuries, immediate medical attention can save lives.

While you wait for authorities to arrive on-site, turn on your vehicle’s hazard lights. It will alert other drivers that an incident has occurred and to avoid further collisions. 

Step 2: Document the Scene

As soon as law enforcement arrives on the scene, they will investigate the car crash. The police will take photos and videos to document the car accident. However, it would be ideal if you could also collect your evidence of the DUI incident. Take photos and videos of the car crash scene, if you can. Or, you can ask your companion to document for you if you cannot.

Collecting evidence is crucial if you pursue DUI charges against the other driver in Miami. The photos or videos must show the extent of vehicle damage, personal injuries, and road conditions. The more evidence you have, the more critical it is in the success of your case later on.

If you can walk out of the site, you can get information from witnesses. Ask them for their contact information, as their testimony can prove valuable in DUI charges. 

When you collect evidence on the scene, an important reminder is to never interfere with the police as they conduct their investigation. 

Step 3: Exchange Information With the Other Driver

You can ask the police to coordinate the exchange of contact information and insurance data with the other driver, that is if they are uninjured or able to communicate. You must have the other driver’s information, such as their complete name, license number, license plate numbers, and other insurance information.

People involved in a drunk driving accident.

 

Step 4: Do Not Admit Fault

Many victims of drunk driving in Miami are overwhelmed by the initial shock of the situation. When interviewed by the responding police officers, many admit fault, even when they are not really at fault. It is an emotional response, especially when they are unaware of how the car accident occurred, or if it happened too fast for them to process the situation.

Even if you are partially responsible, the other driver’s blood alcohol level can still outweigh that since drunk driving is considered illegal. Therefore, avoid being quick to accept blame and let the investigators do their work. 

Step 5: Consult Your Attorney

If you know a car accident attorney in Miami, now is the time to contact them. Getting in touch with a car accident lawyer and not just any other lawyer is essential. These professionals have the legal expertise to guide you as you navigate the complexities of the Florida and Miami car accident laws.

Getting legal guidance at every stage is crucial to protect your rights, especially against drunk driving. A lawyer can inform you on what to do on-site. The first few minutes or hours following a DUI collision in Miami will build the foundation of a strong DUI case. Therefore, follow whatever your lawyer tells you to do to ensure they can represent your case strongly in court.

Pursuing DUI Accident Damages in Miami

A civil case in Florida is different from a criminal cases. If your DUI lawsuit is successful, you can seek compensation for personal injury damages due to the drunk driving accident. These DUI charges include medical bills and lost wages if you were unable to work due to your injuries. In some cases, you can also seek compensation for non-economic damages, such as trauma and emotional distress, especially if the accident resulted in death. 

Florida law requires that filing DUI charges on another driver involves proving to the court that the drunk driver acted negligently. In the case of a drunk driving accident, proving the other driver’s intoxication from alcohol can be a strong case against them. Florida treats drunk driving as a serious crime. Therefore, you can leverage that to your advantage in having a successful lawsuit and a favorable result for your case.

However, knowing Florida’s modified comparative negligence standard is crucial when determining who’s at fault during an accident, even involving drunk drivers. With this rule under the Florida traffic and safety law, if your negligence in driving resulted in personal injury or property damages, then the percentage of the blame on the drunk driver is reduced. Therefore, you cannot recover any damages if you share the fault in the accident.

There is also the possibility that the bar or any establishment that served the drunk driver alcoholic drinks can be partly at fault for the drunk driving accident. This is especially true if the person has a history of alcohol abuse. The Florida law could hold them liable for the drunk driving accident, too.

Proving that the other driver is under the influence of alcohol can be challenging. Therefore, you must contact the police immediately after the incident so the other driver can be tested for their blood alcohol level. You can use the police report as evidence against them in filing the DUI charges. 

How a Car Accident Lawyer Can Help in a Drunk Driving Accident in Miami

One might think that a drunk driving accident is straightforward. The drunk driver is determined at fault, and they go to jail for it or pay you damages for any injuries caused. However, that is not always the case. Most people are unaware of various sub-sections of the Florida traffic and safety laws. 

An experienced car accident lawyer knows how to navigate the intricacies of the law since they know them inside-out. They can provide legal guidance in various aspects of the case, starting with the accident investigation.

A car accident lawyer in Miami will thoroughly investigate the case based on the facts from the police report and the clients’ personal documentation. Additional insights from witnesses on-site can also help build a formidable DUI case. 

Based on the facts and evidence of the accident, your attorney can establish liability. This step is vital in proving that the drunk driver is at fault and they are accountable for the damages caused, whether it’s personal injury, property damage, or death. 

Another way that car accident lawyers can help your case is by dealing with insurance companies and filing claims. Most insurance companies aim to minimize payouts to car accident victims, while some claims are denied altogether. Therefore, you need a car accident lawyer to present the evidence strongly and negotiate with insurers so you can protect your rights. And most importantly, they aim to obtain full and rightful compensation for the victims of drunk drivers.

Aside from pursuing compensation from the insurance company, car accident lawyers pursue the maximum compensation against the at-fault drunk driver. The goal is to seek compensation for punitive damages, especially if fatalities are involved. Pursuing the highest possible punishment against the liable driver and seeking maximum compensation will punish the driver’s irresponsible behavior and discourage others from emulating such behavior.

Being involved in a drunk driving accident is a life-changing experience. It does not have to result in death if only more Miami drivers follow the safety recommendations concerning driving under the influence of alcohol. But it’s crucial to know your rights if you’ve dealt with the unfortunate situation of being at the receiving end of such reckless behavior. 

Being informed will help you take the correct actions to punish the driver’s wrongful behavior and ensure you can get the compensation you deserve. An experienced attorney can be your legal voice amidst this challenging situation, especially if you’re dealing with personal distress and trauma or still recovering from injuries.