Pace, FL Personal Injury Law Firms & Lawyers

Whether the driver of the vehicle your husband hit was under the influence may be irrelevant as to who was at fault. You can be drunk or on drugs, but I someone runs a red light and hits you or rear ends you, the accident is the other driver's fault regardless of your impairment. You could be charged criminally with DUI, but you would not be charged with causing the accident. When you drive, you are supposed to leave enough room between you and the car in front of you so that you can safely stop if the car ahead stops abruptly. If the car in front of your husband attempted to turn without giving a signal, then both could have some fault, the other driver for turning without first signaling, your husband for following too closely. Your insurer will investigate the claim and decide whether to pay the claim. They do not always reach the same conclusion as the officer. If your husband's vehicle has damage, your husband can file his own claim. If the other driver's insurance denies it, there is a procedure to arbitrated these claims. You must file for arbitration in the county where the Defendant resides. The County Clerk of Court should have appropriate forms. As far as the officer's decision not to arrest the other driver, whether it is alcohol or drugs, the officer has to make a decision whether there is probable cause to arrest the individual for DUI based on the officer's observations. The arrest for DUI is based not just on smelling alcohol (which by itself does not indicate intoxication), but is based on other signs such as slurred speech and poor balance. Officers are also trained to examine suspects eyes for signs of drug intoxication. Once the individual is under arrest for DUI, the officer can require that the person submit to a breathalyzer, and if the individual passes but the officer suspects drug use, the officer can go further and request a drug test. If the officer saw insufficient signs of intoxication at the scene of the accident, it would violate the law for the officer to arrest him and ask for a drug test. Incidentally, having an open container of alcohol in your vehicle, in of itself, is insufficient to charge the driver for DUI and request breathalyzer. Numerous tickets for open container are handed out without making a DUI arrest. The driver must appear to be intoxicated. For the same reason, having marijuana or drug paraphernalia in your possession is also insufficient. Numerous charges for drugs and drug paraphernalia found in vehicles are made without bringing DUI charges.

You probably have a good case. Remember to seek medical attention ASAP so that you can document your injuries, don’t speak with or give a statement to the other side or their insurance company, and retain counsel here in Florida. I have a lot of experience with maritime accidents. 

You can do a couple of things. You can file a lawsuit if it appears that the delay in your son's care caused him pain or made the injury worse. You can also report the matter to state agencies that monitor these facilities. You should make sure your son gets all follow-up medical care and consult a lawyer right away.