If You Have Been Involved in a Car Accident and Had Been Drinking or Under the Influence of Drugs You Need an Attorney Now!
If you went out over the holiday weekend to see family, consumed alcohol during dinner and while driving home were then involved in a car accident, your life may be irrevocably forever changed. You face not only the potential for serious injury when involved in a car crash, but a smashed car and potential legal and criminal jeopardy as a result as well.
I will discuss two scenarios to illustrating the jeopardy one faces when involved in a car crashed when alcohol or drugs are involved.
Scenario one- you are on your way home, stopped at a red light at an intersection and the red light then changes to green. You lawfully proceed into the intersection when suddenly you are struck by a third party vehicle that ran the red light. Florida law states that when involved in a car accident you must remain at the scene and wait for the police to arrive if injury or property damage is suspected. Further, there is a presumption in Florida that someone who ran a red traffic signal is at fault for a resulting car accident and that you may sue for any injuries you sustained and well as other damages. However, if the other side can prove that your use of alcohol or drugs more likely than not was the direct cause of this accident then you are legally barred from seeking a recovery and face criminal liability and the potential loss of your freedom.
If the responding police officer has probable cause to believe you had been drinking or are otherwise impaired she or he may request testing be conducted at the accident scene which may lead to your arrest and charge with serious criminal offenses.
Scenario two- You are on your way home from that same dinner and are stopped at that same red traffic light at the same intersection when a driver strikes you in the rear. In Florida, there is a ever stronger presumption that the other driver would be at fault for this crash. Similarly, if the responding officer has a reasonable suspicion or probably cause to believe that you have been drinking and you agree to testing, once again you may be arrested for criminal misconduct if the testing reveals a legal impairment. In this scenario, while it will be difficult in the civil case that you may bring against the driver that struck you for that driver to claim that your impairment was the more than not likely cause of the crash, Florida juries tend not to reward a plaintiff who was found to be impaired while driving.
My law firm has approximately 36 years of experience In representing victims of car accidents. In the above scenario while my firm can represent you in any civil case for damages I have referral partners to protect assist to assist in defending you against criminal charges you may face. Contact me immediately after any crash, please do not wait. In the scenarios I have described you shall need an attorney now!
