A crash with a drunk driver leaves you with difficult questions. You followed the rules of the road, yet you are the one dealing with the consequences of another person’s reckless choice. As you recover, you need a Tampa drunk driving accident lawyer to fight for your rights and pursue accountability.
The path to financial recovery has many complexities. You need an advocate who can handle every detail. Roman Austin Car Accident and Personal Injury Lawyers is here to answer your questions and take this burden from your shoulders. Contact us at (813) 694-3054 for a free consultation.
Why Choose Roman Austin Car Accident and Personal Injury Lawyers for Your Drunk Driving Accident Case
Roman Austin Car Accident and Personal Injury Lawyers provides experienced representation designed to handle the unique challenges of drunk driving claims. We focus on our community and its people.
We Know the Tampa Community
Our lawyers are deeply familiar with the roads where these collisions happen, from Dale Mabry Highway and Bayshore Boulevard to the streets of Ybor City and Hyde Park. Our local presence gives us a unique perspective on your case.
We know the local court systems in Hillsborough County and have built relationships within the legal community. Our Tampa drunk driving accident lawyers are committed to making our roads safer by holding irresponsible drivers accountable for their actions.
A Track Record of Success
Our history of results speaks for itself. We have a long record of successfully representing victims of drunk drivers across Florida. We know what it takes to stand up to insurance companies, and our attorneys prepare every case as if it will go to trial.
Our preparation allows us to negotiate from a position of strength and gives you the best chance at a favorable outcome. We’ve already secured over $100 million for our clients and are ready to fight for you, too.
Fierce Advocacy
Our attorneys handle the legal fight so you can direct your energy toward healing. We manage communication with insurers, gather critical evidence, and develop the legal strategy for your case.
We’ll keep you informed every step of the way. Our goal is to clarify the process and provide you with confidence. For direct support from a dedicated Tampa drunk driving accident lawyer, call Roman Austin Car Accident and Personal Injury Lawyers at (813) 694-3054 today.
How Evidence Affects Your Drunk Driving Accident Claim
A successful claim requires connecting the driver’s intoxication directly to the accident and the full scope of your injuries and losses. Our investigative process begins immediately. We work to preserve crucial evidence before it disappears.
Our Tampa Bay drunk driving injury lawyers use evidence to build a clear and persuasive case.
The Police Report and Criminal Case
The official accident report from the Tampa Police Department or the Hillsborough County Sheriff’s Office is a starting point. It contains the officer’s initial findings, diagrams of the crash scene, and any citations issued. We look closely at every detail to build your claim’s foundation.
We also monitor the driver’s related criminal DUI case. While your civil claim is a separate matter, a criminal conviction can be very persuasive evidence in your favor.
We obtain records from the criminal proceedings, including any guilty pleas or convictions, to use in our negotiations with the insurer.
Witness Statements and Physical Evidence
Witnesses can provide powerful, independent accounts of the driver’s behavior. We identify and interview anyone who saw the crash or observed the driver’s erratic actions, such as swerving or speeding, leading up to it.
Your legal team works diligently to collect statements from people who may have seen the driver drinking before getting behind the wheel. Our team also gathers evidence at the scene.
Physical evidence includes:
- Photographs: Our team gathers photographs of vehicle damage, skid marks, and the surrounding area.
- Video Footage: We secure any available surveillance video from nearby businesses or traffic cameras that captured the incident.
- Vehicle Data: We work to preserve and analyze information from the cars’ event data recorders (black boxes).
Expert Testimony
In some complex cases, we may hire experts to help us demonstrate key points. For instance, an accident reconstruction specialist can use physical evidence and engineering principles to create a scientific account of how the collision happened.
They can hammer home the argument that the drunk driver’s actions directly caused the crash, while a toxicologist can explain how the driver’s blood alcohol concentration (BAC) would have impaired their judgment, reaction time, and coordination.
Medical experts and economists help us calculate and present the full extent of your long-term damages. We refine every element of the case with solid proof.
What Compensation Can You Recover After a Drunk Driving Crash?
A drunk driving accident can have lasting effects on your health, your career, and your quality of life. As your Tampa drunk driving accident lawyer, we work to identify and document every single loss you have suffered.
We shape a demand for compensation that reflects the total impact of the event.
Economic Damages
It’s our job to account for every dollar the accident has taken from you. Economic damages are the direct financial losses that result from the crash. We collect bills, receipts, and employment records to calculate these tangible costs with precision.
Common examples of economic damages include:
- Medical Expenses: Your claim needs to cover all costs for your treatment, from the ambulance ride and hospital stay to future physical therapy and medical equipment.
- Lost Wages: We calculate the income you lost while you were unable to work during your recovery.
- Diminished Earning Capacity: You may pursue compensation if your injuries prevent you from returning to your previous job or earning the same income in the future.
- Property Damage: Your claim includes the cost to repair or replace your vehicle and any other personal property destroyed in the collision.
Non-Economic Damages
Non-economic damages compensate you for the intangible, personal losses you experience. These are often the most significant part of a claim, as they address the human cost of the accident.
Since these losses have no direct price tag, they are more challenging to prove. We use our experience to build a compelling case that illustrates how the accident has affected your life.
Common examples include:
- Pain and Suffering: This compensation is for the physical pain and discomfort you experience because of your injuries.
- Mental Anguish: You may receive compensation for the fear, anxiety, depression, and other emotional distress the crash caused.
- Loss of Enjoyment of Life: This payment addresses how the injury has taken away your ability to participate in hobbies, activities, and daily life that you previously valued.
What Are Punitive Damages?
Florida law allows victims to pursue punitive damages in extreme recklessness. These aren’t designed to compensate you for a specific loss. Instead, their purpose is to punish the defendant for their egregious behavior and to deter others from engaging in similar conduct.
Drunk driving is a classic example of the type of gross negligence that can justify a claim for punitive damages. To secure them, we must show the defendant’s conduct was so reckless that it amounted to a conscious disregard for the life and safety of others.
While these damages are never guaranteed, our legal team knows how to build a case to pursue them when the facts support it. A claim for punitive damages sends a powerful message that the Tampa Bay community won’t tolerate this dangerous behavior.
The Insurance Company’s Approach to Your Tampa Drunk Driving Accident Claim
After a drunk driving crash, many victims expect the at-fault driver’s insurance company to accept responsibility quickly. This is often not the case. Insurance companies are businesses, and their objective is to limit the amount they pay out in claims.
Adjusters may seem helpful at first, but they have specific tactics to protect their company’s bottom line. It’s their job to find reasons to devalue or deny your claim. They have extensive resources and legal teams dedicated to this purpose.
The Initial Contact
You’ll likely get a call from the other driver’s insurance adjuster within days of the accident. They may ask you to give a recorded statement about what happened. We strongly advise against giving any statement without consulting your attorney first.
Adjusters are trained to ask questions designed to get you to say something that may be used against you later. They may try to get you to downplay your injuries or admit partial fault for the crash. Anything you say in a recorded statement can be taken out of context to weaken your claim.
Common Arguments
Even with a DUI arrest, an adjuster may try to argue that their insured driver wasn’t the sole cause of the crash. They may review the scene, your vehicle’s damage, and your statement to find any way to shift a percentage of the blame to you.
Under Florida’s modified comparative negligence law, any fault assigned to you reduces your final compensation. If you end up with 51% or more of the blame, you get nothing.
Other common arguments include:
- Low Impact: The adjuster may claim the collision was a minor fender bender that couldn’t have possibly caused your injuries.
- Pre-Existing Conditions: They may search your medical history for any past injuries and argue they’re the actual source of your pain.
- Gaps in Treatment: If you wait to seek medical care or miss appointments, an adjuster may argue that your injuries aren’t as serious as you claim.
How a Tampa Drunk Driving Injury Attorney Protects You
When you hire Roman Austin Car Accident and Personal Injury Lawyers, we take over all communications with the insurance company. This immediately stops the calls and protects you from their tactics. We provide them only with the information necessary to advance your claim and handle all negotiations on your behalf.
Your Tampa drunk driving accident lawyer proactively counters their arguments with strong evidence. We use police reports, witness accounts, expert analysis, and your medical records to forge a compelling narrative.
Our team prepares a detailed settlement demand that outlines their driver’s liability and documents the full value of your damages. Our goal is to make it clear that a fair settlement is their only option.
FAQ for Tampa Drunk Driving Accident Lawyer
Can I Still Sue if the Drunk Driver Who Hit Me Was Uninsured?
You still have options for financial recovery if the drunk driver was uninsured. Your own auto insurance policy may include Uninsured/Underinsured Motorist (UM/UIM) coverage, which protects you in this exact situation.
UM/UIM allows you to file a claim against your own insurance company to cover the damages that the at-fault driver’s policy fails to pay. An attorney can help you navigate the process of filing a UM/UIM claim effectively.
If the Other Driver Was Arrested for DUI, Do I Still Need a Tampa Drunk Driving Injury Lawyer for My Claim?
A DUI arrest is strong evidence, but it doesn’t automatically guarantee you will get fair compensation from their insurance company. The criminal case against the drunk driver is separate from your civil claim for damages.
Your attorney handles the civil claim, using the criminal case to your advantage while fighting to prove the full value of your medical bills, lost wages, and other losses.
How Long Do I Have To File a Lawsuit for a Drunk Driving Accident in Florida?
For most negligence cases, you have two years from the date of the accident to file. However, there are some exceptions to this deadline (statute of limitations). Contact a lawyer immediately to give them time to investigate your case and build a strong claim.
Can I Sue the Bar or Restaurant That Served the Drunk Driver?
Under Florida’s dram shop laws, it’s sometimes possible to hold a vendor liable if they knowingly served alcohol to a person who was habitually addicted or to a minor who then caused your accident.
These cases are complex and require a specific type of evidence showing the vendor’s knowledge. An attorney can investigate the circumstances to see if a third party shares liability for your injuries.
How Can a Tampa Drunk Driving Accident Lawyer Help My Case Specifically?
A Tampa drunk driving accident lawyer investigates the crash, secures critical evidence, and manages all communication with the insurance companies. Your lawyer may work with medical and financial experts to calculate your total losses.
Lastly, a lawyer prepares your case to achieve a favorable settlement or present a powerful argument in court.
What is the first thing I should do after a drunk driving accident?
First, ensure your safety and the safety of others. Move to a safe location if you can and call 911 immediately. Report that you suspect the other driver is intoxicated. Seek medical attention, even if you feel fine, as some serious injuries have delayed symptoms. Do not confront the other driver. Wait for law enforcement to arrive and let them handle the situation.
The driver who hit me passed a Breathalyzer test. Do I still have a case?
Yes. A driver can be below the legal BAC limit of 0.08% and still be impaired and negligent. Alcohol affects everyone differently, and even a small amount can slow reaction times and impair judgment.
We can use evidence like witness statements about erratic driving, traffic camera footage, and expert testimony to prove that the driver’s consumption of alcohol, regardless of the level, caused the crash.
How much does it cost to hire your firm for my drunk driving accident case?
We handle personal injury cases on a contingency fee basis. This means you pay no upfront costs or attorney’s fees. Our fee is a percentage of the compensation we recover for you. If we do not win your case, you owe us nothing.
What if the drunk driver dies in the accident?
If the at-fault drunk driver dies in the crash, you can still pursue compensation. Instead of filing a claim against the driver, you would file a claim against their estate. The process differs, but the goal remains the same: to recover damages from their insurance policy or assets.
An attorney can guide you through the specific procedures for filing a claim against an estate.
Forging a Path to Justice
You have already been through enough. The drunk driver’s bad choice doesn’t have to define your future. Now is the time to stand up for your rights and seek accountability to help you move forward. Roman Austin Car Accident and Personal Injury Lawyers is ready to lift the legal burden from you.
We have the experience, the resources, and the resolve to take on insurance companies and fight for the best possible outcome in your case. Let us put our strength to work for you. Contact Roman Austin Car Accident and Personal Injury Lawyers for a free, no-obligation consultation at (813) 694-3054.