When drunk drivers get into a car accident and cause injuries to another driver, they are legally responsible for those injuries. In Florida, victims can sue the driver who was driving under the influence of drugs or alcohol.
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Tampa DUI Accident Attorney
There are different types of DUI lawyers. The first type of DUI lawyer provides legal representation for those who have been charged with the criminal offense of driving under the influence.
The other type of Tampa DUI lawyer provides legal representation for victims who have been injured by a driver operating a motor vehicle under the influence of drugs or alcohol. A DUI accident attorney in Tampa files a civil lawsuit against the responsible party and seeks monetary damages to compensate for personal injuries, property damages, and other losses.
What Is a DUI Accident in Tampa?
A DUI accident in Tampa is when one driver operated or was in physical control of a vehicle while their BAC (blood alcohol concentration) was 0.08% or more or was impaired due to the use of drugs. Drugs can include controlled substances, chemical substances, and prescription medications.
When a DUI crash results in personal injuries or property damage, the person is charged with a first-degree misdemeanor and could face a fine of up to $1,000 and up to one year in jail. For accidents where there is serious bodily injury or it is a repeat offense, the person could be charged with a third-degree felony and face a fine of up to $5,000 and up to five years in jail.
In the unfortunate event of someone dying as a result of a DUI car accident in Tampa, the responsible driver could be facing manslaughter or vehicle homicide criminal charges, with fines up to $10,000 and jail time ranging from up to 15 to 30 years.
About Jack G. Bernstein Esq.
Personal Injury Lawyer
For more than 40 years, personal injury lawyer Jack G. Bernstein — a member of the Florida State Bar Association, the Hillsborough Bar Association, and the Clearwater Bar Association — has protected the rights of individuals injured by a negligent party.
Mr. Bernstein has the expertise to handle various injury cases, including, but not limited to, car accidents, medical malpractice cases, cruise ship accidents, accidental drownings, wrongful death lawsuits, along with most injury and catastrophic occurrences, and legal malpractice issues.
With a staff of approximately 40 people, including six lawyers and 34 support personnel, Jack Bernstein, Injury Attorneys, handles every type of personal injury and accident case throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. Our office has the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
Legal Representation for DUI Accidents in Tampa
In the greater Tampa Bay area, consisting of Hillsborough and Pinellas Counties, DUI crash data for 2024 up to September 26, 2024 includes:
- 328 alcohol-only crashes
- 184 injuries from alcohol-only accidents
- 12 fatalities from alcohol-only crashes
- 11 drug-only crashes
- 6 injuries from drug-only accidents
- 7 deaths from drug-only crashes
- 8 alcohol and drug-impaired crashes
- 3 injuries from alcohol and drug-impaired accidents
- 5 fatalities from alcohol and drug-impaired crashes
Understanding DUI Accidents
To better understand why DUI accidents occur requires looking at the effects alcohol and drugs can have on a person’s driving behaviors, such as:
- Slower response times
- Difficulty seeing
- Driving the wrong way on roads
- Erratic driving, swerving, and weaving
- Driving too slowly or too fast
- Tailgating
- Sudden stops
- Aggressive/road rage behaviors
- Running traffic signals
Legal Definition of Impaired Driving and DUI in Florida
According to FDOT, impaired driving is defined as DUI (driving under the influence) of alcohol and/or drugs. DUIs in Florida are responsible for about 25% of all crash fatalities annually.
Impacts of DUI Accidents on Road Safety
- Impaired drivers are more likely to get into a car crash than sober drivers
- Impaired drivers usually exhibit reckless driving behaviors
- There is an increased risk of serious injuries and death when DUI crashes occur
- Impaired drivers are more likely to cause head-on collision crashes
Importance of Legal Representation
After being injured in a DUI car accident in Tampa, it is crucial to obtain legal representation. Florida is a no-fault state, meaning you may have to file a claim against your insurance before you can file against the impaired driver’s insurance. Their insurance will also want to be quick to settle for the least amount possible.
Our experienced Tampa DUI lawyers seek fair compensation from the impaired driver and their insurance company. Our attorneys can also determine if other parties could be sued, like a local club that continued serving drinks to the impaired driver.
Benefits of Seeking Legal Help for DUI Accidents
- Peace of mind: You can focus on healing and recovery rather than dealing with insurance companies.
- Gather evidence: Your attorney will gather all necessary evidence to support your lawsuit, including evidentiary tests.
- Better compensation: You will get a much better settlement offer.
- Take care of all negotiations: Your lawyer will handle all negotiations with the insurance company until a suitable agreement can be reached.
- Legal expertise: Your attorney understands all personal injury and drunk driving laws to ensure your case is filed correctly and on time.
What Are Evidentiary Tests?
Evidentiary tests are the breathalyzer, blood, saliva, or urine test results that show a person was driving under the influence.
Choosing the Right Attorney in Tampa
Choosing the right attorney in Tampa to handle your DUI accident case requires the following:
- Experience: You want an attorney with experience handling DUI accident cases.
- Trust: You want a lawyer you can trust and feel comfortable working with.
- Track record: You want an attorney with a good track record of successful outcomes for other clients and DUI accident cases.
- Local connections: You want a lawyer who is familiar with the Tampa area and has the connections to ensure the success of your case.
Put Our Expertise To Work for You
Jack Bernstein, Injury Attorneys, consists of six lawyers and 34 support personnel, providing the legal resources required to handle DUI injury cases. If you or a loved one was injured in a DUI accident, take the time to obtain expert legal advice. Your free consultation allows you to ask questions, get answers, and get an idea of the actual monetary amount you could be entitled to receive. Our lawyers and legal experts are here to help you through this difficult time.
Contact us today for a free consultation.
Jack Bernstein, Injury Attorneys
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Sources:
FLA. STAT. § 316.193. (2024).
Florida Crash Dashboard. (2024).
Florida DUI and Administrative Suspension Laws. (2024).
Impaired Driving. (2022).