A crash involving an impaired driver can leave you facing injuries and uncertainty about what happens next. Drunk driving car accidents in Deltona may also bring a criminal DUI case, but that proceeding does not control your right to seek compensation for the harm you suffered.
You can speak with a local auto accident attorney before the court resolves your criminal case. We can investigate the collision and preserve the evidence while you focus on treatment. We also deal with insurers on your behalf. With more than 50 years of experience helping injured people, we guide you through each stage of the civil claim.
In Deltona, a drunk driving car accident can create two legal processes at the same time. A criminal prosecution addresses an alleged offense, while your civil claim seeks compensation for your losses. The two matters also use different standards of proof, and prosecutors carry the heavier burden.
You do not need to wait for a DUI conviction before pursuing your injury claim. A dropped charge or an acquittal does not, by itself, eliminate a civil case because the court weighs the evidence under a different standard. We gather proof independently, including:
This evidence helps establish how the crash occurred and connects your injuries to the collision. It can also become important in deciding whether an alcohol provider may share responsibility.
A drunk driving car crash in Deltona does not automatically create liability for the bar or restaurant that served the driver. Under Florida Statutes § 768.125, a person who sells or furnishes alcohol to someone of legal drinking age is not liable for the injuries resulting from that person’s intoxication.
The state recognizes only two narrow exceptions. Liability may arise when someone willfully and unlawfully provides alcohol to a person who is not of legal drinking age. The second exception applies to a server who knew the customer was habitually addicted to alcohol.
Simply serving more alcohol to a visibly intoxicated adult is not enough under this statute, which often surprises people who have read about other states. That makes evidence about the drinker’s age and the server’s knowledge especially important. We can examine receipts and witness accounts to determine whether either exception may apply.
The state’s comparative fault rule can affect any drunk-driving car-wreck claim in Deltona. Under Fla. Stat. § 768.81, the court can bar a claimant from recovering damages whose share of fault is greater than 50 percent. When the claimant’s share is 50 percent or less, the court can also reduce the award according to that percentage.
Insurers may therefore look for reasons to assign you a larger portion of the blame. We build the record that keeps your share where the facts put it.
An impaired-driving collision can involve more than the conduct of the driver alone. Drunk driving car accidents in Deltona can move forward separately from any criminal prosecution, and state law permits a claim against an alcohol provider only in narrowly defined circumstances.
We can explain which legal path best fits your situation and help you pursue evidence-based compensation. Reach out to us for a free consultation to learn how more than 50 years of experience can help you move forward.
Rue & Ziffra – Your Trusted Personal Injury Lawyers
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