Why a DUI Arrest Is Not a Settlement

People often ask whether they automatically get paid because the drunk driver was arrested. The answer is no. A criminal DUI case is about punishment, license consequences, probation, jail, and public safety. The prosecutor does not represent you and does not recover your medical bills or missed wages.

Your personal injury claim is a separate civil case. It can move forward even if the driver is released on bond, pleads to a different charge, or avoids a conviction. In a civil case, your attorney must show that it is more likely than not that the impaired driver caused your injuries.

The National Highway Traffic Safety Administration reports that about 30% of U.S. traffic fatalities involve drunk drivers with BACs of .08 g/dL or higher.

Florida No-Fault Insurance and Your PIP Benefits

Florida is a no-fault state. That does not mean nobody is to blame. It means your own insurance usually pays first through Personal Injury Protection, commonly called PIP.

• You must receive initial medical care within 14 days of the crash to access PIP benefits.
• PIP generally pays 80% of reasonable medical expenses and 60% of covered lost income.
• The limit is usually $10,000, which can disappear quickly after an ambulance ride, emergency room visit, imaging, or surgery consultation.

The Florida PIP rules are outlined in Florida Statute 627.736. A Riverview DUI accident lawyer can help pursue the remaining damages from the at-fault driver and other available insurance.

Meeting the Serious Injury Threshold

Florida no-fault rules limit when an injured person can pursue pain and suffering. To step outside PIP and bring a broader injury claim, your injuries generally need to meet the serious injury threshold.

A serious DUI crash may leave permanent injuries, scarring, loss of an important bodily function, or long-term pain. Medical records, specialist opinions, imaging, work restrictions, and treatment history help prove how the crash changed your life.

The New 50% Fault Rule in Florida

Florida uses modified comparative negligence. Under Florida Statute 768.81, a person found greater than 50% at fault for their own harm may not recover damages in most negligence actions.

Insurance companies may argue that you were speeding, distracted, or partly responsible. Your lawyer can use crash reconstruction, traffic camera footage, police evidence, toxicology evidence, witnesses, and vehicle damage patterns to keep the focus on the impaired driver.

Holding Bars Liable With Dram Shop Laws

Sometimes the drunk driver is not the only potential defendant. A bar, restaurant, or other alcohol provider may be investigated when the facts suggest unlawful service contributed to the crash.

Florida's dram shop law, Florida Statute 768.125, is narrow. A business may become liable if it willfully and unlawfully serves a minor or knowingly serves someone habitually addicted to alcohol. These cases require fast investigation, receipts, video, witnesses, and proof of what the business knew.