Tampa DUI Car Accident Lawyer
BOLD REPRESENTATION. BOLD RESULTS.
Even though the Florida legislature has enacted strict DUI laws. Yet, people continue to drive under the influence of alcohol, drugs, or both. Causing perfectly preventable crashes. As a result, victims and their families are physically, financially, and emotionally affected. Unfortunately, those are just some of the reasons why our Tampa drunk driving personal injury and wrongful death lawyers will preserve and aggressively assert the rights of DUI victims and their families.
Drunk Driving Accidents in Tampa
Florida DUI penalties depend on the driver’s prior DUI history and whether the incident caused property damage, injury, serious bodily injury, or death.
A first DUI is generally punishable by up to six months in jail and a fine between $500 and $1,000. A second DUI is generally punishable by up to nine months in jail and a fine between $1,000 and $2,000. Certain repeat DUI offenses can be charged as felonies.
When a DUI crash causes serious bodily injury, the offense is a third-degree felony. DUI manslaughter is generally a second-degree felony and carries a mandatory minimum prison term of four years. Florida law provides enhanced penalties in specified DUI manslaughter circumstances.
These criminal penalties are separate from any civil claim an injured person or surviving family may have after a DUI crash.
Our Accident Investigations
Incidentally, the fact that the other driver was under the influence doesn’t make drunk driving personal injury cases easy. Therefore, our goal is to maximize the proceeds that our clients might receive. A thorough investigation might point to the fact that other persons or entities could also be held liable. They include bars and restaurants, stadiums, special event operators, and even social hosts. In fact, our investigations of DUI accidents are thorough and meticulous. We leave no stone unturned in searching for parties who might be liable in these types of cases.
Criminal Penalties for Serious Bodily Injuries and Death
A DUI crash that causes serious bodily injury can result in a third-degree felony under Florida law. DUI manslaughter is generally a second-degree felony and carries a mandatory minimum prison term of four years. Certain circumstances can increase the offense to a first-degree felony.
The exact sentence depends on the charge, prior record, sentencing rules, and facts of the case. These criminal penalties are separate from any civil personal injury or wrongful death claim arising from the crash.
Civil Cases for Money Damages
A drunk driver can also be sued for money damages in civil court, even at the same time that the criminal case against him or her is pending. That case would be heard in a different courtroom with a different judge and jury. The civil case also carries a different burden of proof. In a criminal case, the prosecution must prove the defendant guilty beyond a reasonable doubt. In a civil case, a lower burden of proof of a preponderance of the evidence exists. What that means is that the allegations are more likely true than not true. We monitor every step of the criminal proceedings against drunk drivers who have injured our clients or caused the deaths of their family members. That’s because some of that evidence can be put to use in a civil personal injury or wrongful death case.
Common DUI Accident Injuries
Speed often factors into the injuries and damages suffered in drunk driving accidents. Medical bills and the physical inability of the victim to work can leave a family financially and emotionally overwhelmed. Some common serious injuries consist of:
- Traumatic brain and spinal cord injuries.
- Multiple fractures.
- Injuries to vertebrae and damage to spinal nerves.
- Organ damage.
- Damage to the shoulders, knees, and ankles.
Damages
Assuming that the drunk driving accident victim can prevail in his or her case against the drunk driver, damages can be awarded. Here are some of the damages that are typically awarded in such cases:
- Past and future medical bills.
- Past and future lost earnings.
- Any permanent disfigurement.
- Any permanent disability.
- Pain and suffering.
- Loss of a normal life.
- Additional substantial damages for wrongful death.
- Punitive damages.
Time Limitations Exist
The general rule is that you have two years from the date of an accident to file a personal injury case. In a wrongful death claim, that would be two years from the date of death. Those are strict rules with very few exceptions, so be sure to speak with us as soon as possible. Failure to file an appropriate lawsuit within the time set by the statute of limitations is likely to result in a case being forever dismissed.
Contact a Tampa DUI Car Accident Lawyer
Hit by a drunk driver? RHINO Lawyers is a powerful, results-driven law firm that takes Insurance Companies and Bullies “head-on!”
Lastly, never give a statement to the drunk driver’s insurer without one of our attorneys being with you. That insurer will only try to use your own words against you in the future. If you were seriously injured or lost a family member as a result of the recklessness of a drunk who got behind the wheel of a motor vehicle, contact our offices right away. We’ll arrange for a free, confidential case consultation and review with you. Not only will we answer your questions, but we’ll advise you of all of your legal options, too.
