After being involved in a USF auto accident, several courses of action should be taken to preserve and establish an auto accident claim. However, there are additional steps and considerations after being hit by a drunk driver on the USF campus.
For every auto accident, we recommend that the injured party dial 9-1-1 so that the correct law enforcement agency can respond to investigate the collision and gather the necessary information. If the initial investigating officer suspects the at-fault driver of a DUI, another investigation will occur to investigate whether criminal DUI charges will be brought.
As long as it is safe to do so, we recommend that the person hit by the drunk driver attempt to either video or photograph the drunk driver. These photographs and videos will be helpful in the injured person’s civil case for personal injuries to show the at-fault driver’s physical and mental state. They could also be used to discredit any of the at-fault driver’s testimony if he or she attempts to minimize his or her condition at the time of the collision or the severity of the impact.
In the injured person’s civil case for personal injuries, it is important to also communicate with the state attorney who is representing the State of Florida in bringing criminal DUI charges against the at-fault driver. It is important to obtain a plea of guilty in a criminal case as the guilty plea can also be used in a civil case to resolve the issue of liability.
Due to the DUI component, the injured person may also be entitled to seek punitive damages against the at-fault driver. Florida law analyzes a DUI in civil cases to be an intentional act of getting behind the wheel while intoxicated which allows additional punitive damages to punish the at-fault driver for his or her actions.
For additional information or to schedule a free initial consultation, please contact our office.