A Miami-Dade police officer was assisting a stranded motorist in a Ford F-150 when a black BMW crashed into the police cruiser. Luckily, both the officer and the stranded motorist were out of their vehicles at the time of impact. It was found that the BMW driver was driving under the influence of alcohol. Driving after consuming alcohol is a very serious matter as reflected in the data pointing to approximately 29 car crash deaths daily involving alcohol-impaired drivers in the United States. The penalties for drunk driving depend on factors including blood alcohol level, age, and repeat offender status and a Florida attorney may be able to assist in a civil case against a driver who caused damages and injuries.
DUI endangers careers.
Because actions of DUI are very serious, a driver can even lose their job or professional license if they are among a certain class of professionals including law enforcement, public officials and licensed medical personnel for instance. Sometimes there are temporary suspensions in place pending the outcome of the formal charges against the driver, but often times a full termination can apply depending on the circumstances of the DUI arrest and damages and injuries related to the accident.
Criminal action against DUI.
Under Florida Statute 316.193 a person is guilty of the offense of operating a vehicle under the influence of alcohol when driving is affected to the extent that physical faculties are impaired, outlining laws against driving under the influence (blood or breath alcohol over 0.08) in Florida. If a criminal conviction is achieved by the State, penalties could include fines, prison time, placement of ignition interlock devices in vehicles, and/or the loss of driver’s license.
- Damage to property or person of another is considered a misdemeanor of the first degree;
- Serious bodily injury to another is considered a felony of the third degree;
- Hit and run could yield very serious penalties in accordance with Florida Statute § 316.062.
Civil case for damages.
After the criminal case has been resolved, a personal injury case can be filed in accordance with Florida personal injury law to compensate for any property damage, medical bills, lost wages, and pain and suffering.
- Florida Insurance. The State of Florida: requires motor vehicles to have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL); requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000; and follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you.
- Statute of Limitations. Florida has a two (2) year statute of limitations for property damage and personal injury claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the two (2) year period following the accident.
Contact Attorney Orlando Murillo who will investigate to determine the circumstances that led up to the accident caused by a DUI driver, and work within the legal framework of the state toward a personal injury settlement that will enable settlement to cover full and fair recovery for injuries, including damages for their past and future medical bills, lost income, emotional distress, and pain and suffering.
Orlando R. Murillo, P.A., Law Offices
7350 SW 89th Street, Toscano Building
Miami, Florida 33156