Miami Personal Injury Lawyer Blog
Drunk driving remains a problem in Florida and throughout the US, and many times, offenders are arrested for DUI. However, there are many tragic situations where an impaired driver causes an accident that leads to injuries or death. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 5,000 traffic collisions every year that are linked to alcohol intoxication. Of these, around 720 drunk driving crashes occur in South Florida. Up to 40 people lose their lives in DUI accidents, while more than 400 victims are injured in Broward, Miami-Dade, and Palm Beach Counties.
When alcohol is a factor in a crash, a victim may need more than just proof of fault, injuries, and losses. It is also crucial to show that the at-fault driver was intoxicated, which requires evidence of drunk driving. Your Miami DUI accident lawyer will assist with issues of proof, but some details will help you know some of the information you will need.
Overview of Negligence
Evidence is critical to prove your claim, which is grounded in the theory of liability known as negligence. To recover damages, you must show all four of the following elements:
- The other motorist had a duty to drive safely.
- That person breached the duty of care through unsafe acts.
- The breach of duty was the direct cause of the accident.
- You suffered losses because of being injured.
With a Florida DUI crash, the key to your claim is the breach of duty. Specifically, the unsafe act by the other driver is getting behind the wheel while intoxicated.
Requests to Police
You cannot do the officer’s job for them, but you can make sure that certain details come to the attention of the police. Tell officers that you believe the other driver is drunk and request that a test be conducted to measure blood alcohol concentration (BAC). Plus, police can ask that the driver perform field sobriety tests (FST). The police report will contain the results of a breathalyzer or FST, giving you evidence for your claim.
Tips for Getting Evidence of Impairment
Besides relying on information from police, you can also obtain some evidence yourself while at the scene of the crash. Pay close attention to the other driver’s appearance, especially noting any bloodshot or blurred eyes. When speaking with the motorist, note their speech and whether it is slurred or choppy. If possible, you might even ask where the occupants of the other vehicle were coming from and going to by car. When there are public celebrations involved, write down the names of bars or restaurants.
Get Help From Our Miami Drunk Driving Accident Attorneys
This information on evidence for DUI car crashes is useful, and it will help your lawyer support your claim for compensation. Our team at Gerson & Schwartz, PA will handle all details, so please call us (305) 371-6000 or go online. We can schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach.
