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Hickey explained that a victim can file a personal injury lawsuit even as a defendant accused of drunk driving faces criminal prosecution.
When you're dealing with drunk driving, the driver of the other car is very much a piece of evidence. If you or someone you're with is capable, go back and videotape that driver. — Attorney Jack HickeyMIAMI, FLORIDA, USA , June 11, 2019 / EINPresswire.com / -- In anonline interviewwith AskTheLawyers.com™,personal injury lawyer John H. 'Jack' Hickeyexplains what victims should do after an accident involving drunk drivers.
One of the questions he answers is whether or not a prosecutor or district attorney would represent you as a victim in a lawsuit regarding the trial. As drunk driving is both a criminal and civil matter, a drunk driver could be facing both criminal and civil charges simultaneously. In the interview, Hickey explained that a victim can file a personal injury lawsuiteven as a defendant accused of drunk driving faces criminal prosecution. He said that the outcome of a criminal case will do nothing to help the victims recover losses incurred by the crash. If the accident is fatal, Hickey said that surviving family members can file a wrongful death lawsuit. The largest aspect of any wrongful death suit is the loss of companionship and the pain and suffering of the survivors. "Survivors" is defined under the Florida Wrongful Death Act, Fla. Stat. Sec. 768.16 et seq.
Hickey said that anyone involved in an accident with a potential drunk driver should document as much of the scene as possible. He recommended taking photos of the road, any damage to the vehicles, license plate numbers, insurance information, and even the drunk driver.
'When you're dealing with drunk driving, the driver of the other car is very much a piece of evidence,' he said. 'If you or someone you're with is capable, go back and videotape that driver. If that driver remains in the car and is slumped over the wheel, or if that driver gets out of the car and he or she is staggering, slurring their words, or glassy-eyed, you want to get that on video.'
He encouraged anyone involved in an accident involving drunk driving a factor to contact an attorney with experience handling drunk driving claims.
Jack Hickey is an injury attorney based in Miami, Florida with over 30 years of experience. He is Board Certified in Civil Trial law by the Florida Bar and the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association (DCBA). He is also a member of The Florida Bar Board of Governors.
Jack Hickey can be reached at 888-393-1388.Kimberly Busch
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Hit By a Drunk Driver? Get Them On Video
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