Bring A Civil Action For Victims Of DUI Accidents In Florida

Driving under the influence (DUI), is a crime that affects the lives of thousands of people in Florida and their families. Obtained according to the U.S. Department of Transportation, National Highway Safety, nearly 1,000 traffic accidents in Florida were of alcohol in 2009. This does not apply to accidents with serious injuries to other passengers, drivers, pedestrians and others.

According to Florida Statutes § 316 193, driving under the influence is a crime punishable by imprisonment and fines. Depending on the circumstances of the alleged crime, a crime or a crime. Sections 3 and 4 of the Act refers to offenses DUI manslaughter and DUI serious bodily injury. The penalties are more serious conviction, and although this may be a small consolation to the victims of DUI accidents and their families, it does nothing to address their losses.

In cases where DUI injury or death in Florida, the victim or survivor of the victim's family filed a civil complaint in order to deal with this loss. This is usually done with a personal injury lawyer. To win a civil suit must prove he or she, that:

• The driver had a duty, not driving a vehicle under the influence of drugs through negligence;
• The pilot was the duty of drinking and driving;
• The victim suffered injuries, mental, or death, and
• It is no causal connection between the breach of duty drunk driving and damage.

While the plaintiff must prove civil process, that their statements are based on a true "preponderance of the evidence." In essence, the applicant must prove he's more likely that the statement is true. This differs from the criminal case, proof beyond a reasonable doubt requires. Although the risk of a jury, the decision must be unanimous. The decision requires at least 10 of the 12 jurors.

If the defendant is insured at the time of the crime, he or she will probably be represented by a lawyer for the insurance company. However, if the defendant is not adequate coverage or no insurance, the applicant, an action directly against the accused. Each attorney representing the defendant may try to prove claims that his client is not guilty and that the applicant is under the joint responsibility for the accident.

The victims of DUI may also be grounds for a civil action against the person or the bar that sells alcohol to the driver in question. Florida Statutes § 768 125 specifically refers to "the liability for damages caused by intoxication ', commonly known as the" Dram Shop Act. " This law states that a person who sells or supplies alcohol to a person under the age of 21 years or knowingly served alcohol may be dependent on alcohol to a person responsible for damage or injury resulting from the intoxicated person. If it can not prove easy, is an ongoing civil action may be considered if the DUI offender was apparently drunk when alcohol is served, or had to be lower.

The primary purpose of civil proceedings in the case of a car accident, no matter who the complaint to try, do it all again the plaintiffs for their loss making. This includes medical costs, property damage, lost wages and employment, pain and suffering. It should be noted, however, important that there is a whole window in which the DUI car accident victims can sue for damages. Florida has a statute of limitations must also be separate for the time period within which to initiate legal action indicating violations of the victim. For actions that resulted in injuries due to negligence, the period of 4 years (Florida Statute § 95.11) is.