Understanding Insurance and DUI in Florida Car Accidents

When a car accident happens in Florida, figuring out insurance and compensation can get tricky—especially if the driver at fault was driving under the influence (“DUI”) or otherwise broke the law. Here is what you need to know.

Criminal DUI and Civil Lawsuits

Drivers who cause accidents while committing crimes—like DUI—may be considered criminally liable. A criminal case against a driver convicted of DUI can influence a victim’s substantive civil case in these ways:

How the At-Fault Driver’s Insurance Works

DUI convictions can affect how insurance coverage functions in cases where the at-fault driver was drunk. Florida law requires that drivers must have liability insurance, which covers damages and injuries they cause to others. Insurers usually cover damages and injuries caused in an accident, even if the at-fault driver was driving under the influence, up to the limits of their policy. However, insurance companies sometimes argue that the policy does not cover those actions. Additionally, most insurance policies will not cover damages if the driver’s criminal actions were intentional under a policy’s Intentional Act Exemption. (e.g., road rage while driving drunk). If that happens, victims may need to seek compensation elsewhere.

Covering Costs When Insurance Falls Short

What if the at-fault driver’s insurance is not enough to cover the victim’s damages/injuries or does not apply? Victims can still take steps to recover their costs, but coverage might be limited. Here’s how they can proceed:

  1. Personal Injury Protection (PIP) Coverage

Florida’s no-fault law requires all drivers to use their own PIP insurance for medical bills and lost wages first, regardless of who caused the accident. However, Florida law only requires drivers to carry $10,000 in PIP coverage, which may not be enough in cases with extensive injuries or where an injured person is forced to miss a significant amount of work. Drivers should carefully review their policy regarding their total PIP coverage, so they are comfortable with their coverage limits.

  1. Uninsured/Underinsured Motorist Coverage (UM/UIM)

After PIP coverage is exhausted, if an at-fault driver does not have enough insurance, victims can turn to their own UM/UIM policies for coverage. These policies fill the gap when an at-fault driver’s liability insurance cannot fully cover the damages. While UM/UIM coverage is not required in Florida, it is highly recommended that drivers carry it, especially given the state's high rate of uninsured drivers. UM/UIM coverage is relatively inexpensive compared to general liability coverage and is usually available for purchase as part of most auto plans.

  1. Personal Injury Lawsuit

If insurance options do not fully cover the damages, victims can file a legal claim against an at-fault driver. Keep in mind that if the driver has few assets, including limited insurance coverage, recovering money through a lawsuit might be difficult.

Understanding Florida’s Comparative Fault Rule

Florida follows a modified comparative fault system. This means that if the injured person is partly responsible for the accident, their damages could be reduced by their share of the blame. For example, if the victim is found 10% at fault, their compensation will be reduced by 10%. A skilled attorney can help ensure the victim’s share of fault is minimized.

Next Steps for Victims

Navigating insurance claims after an accident involving a drunk driver can be overwhelming. It is important to understand your rights and options. Here is where a personal injury trial lawyer, like those at Mase Seitz Briggs, can help. An experienced trial lawyer can:

If you have been involved in an accident with a drunk driver, you do not have to face it alone. Contact us to make sure you get the compensation you deserve.

Recovering from an accident is tough enough—getting the support you need should not be.

What to Do If You’ve Been Injured as an Uber or Lyft Passenger

Rideshare services like Uber and Lyft have revolutionized the way we travel, offering convenience and flexibility for millions of passengers globally. However, accidents can still happen. If you find yourself injured as a rideshare passenger, it is crucial to know your rights and the steps you need to take to protect them.

Immediate Steps to Take After the Accident

Your priority following any accident is your health and safety. However, taking specific steps immediately after the accident can significantly impact your ability to file a claim later.

1. Prioritize Your Safety

Move to a safe location, if possible, away from oncoming traffic or hazards. If you can, move off the roadway to a sidewalk or shoulder. Call 911 and inform the operator of the details of the accident so the proper emergency response can be deployed to the scene.

2. Gather Information

Documentation is vital in any injury claim. Be sure to collect the following details on-site, if you are able to do so safely:

3. Obtain an Accident Report

Ask law enforcement to file a formal accident report. This report will serve as an impartial record of the incident, which can be critical in establishing liability and supporting your claim. Be sure to obtain a copy of the report and/or the case/report number.

4. Notify the Rideshare Company

Both Uber and Lyft require drivers to report accidents promptly. However, you should also file your own report through the corresponding app or customer service channels to ensure the incident is logged.

To report an Uber accident: click here. For Lyft: click here.

5. Seek Medical Care

Even if your injuries seem minor, schedule a thorough medical examination. Request detailed records from your healthcare provider to document injuries and treatments. This will serve as critical evidence when seeking compensation.

Filing a Claim for Compensation

An accident can lead to injuries, medical bills, lost wages, and emotional distress. Filing a claim is essential to securing the compensation you deserve.

Steps to File a Claim

Understanding Liability in a Rideshare Accident

One of the complexities of rideshare accidents lies in determining liability. Unlike traditional car accidents, rideshare incidents involve multiple parties, making the process less straightforward.

Who Is Liable for Your Injuries?

FAQs About Rideshare Passenger Injuries

1. Can you sue Uber/Lyft if you get in an accident?

You can sue the rideshare company’s insurance provider if you are injured in an accident that is the Uber/Lyft driver’s fault. Normally, however, you cannot sue the company directly. Some exceptions apply--if Uber/Lyft negligently hired the driver, for example.

2. What if the rideshare driver was uninsured or underinsured?

Both Uber and Lyft offer underinsured/uninsured motorist coverage of up to $1 million, which may apply in such scenarios.

3. How long do I have to file a claim?

The statute of limitations for personal injury claims varies by state but is typically between one and two years. In Florida, the statute of limitations is 2 years. Consult an attorney as soon as possible to avoid missing your deadline.

4. Will the rideshare company assist me in the claims process?

Uber and Lyft primarily operate as platforms connecting drivers and passengers, meaning they are unlikely to provide direct assistance with your claim. However, both companies maintain insurance policies that may cover your injuries.

Take Action Today

An injury should not leave you financially vulnerable. Understanding your rights and navigating the claims process with confidence can make all the difference in your recovery—both physically and financially.

The attorneys at Mase Seitz Briggs have handled rideshare accident cases and can help you. If you have been injured as a rideshare passenger, do not wait to act. Contact us today for a free case evaluation, and to explore your legal options and secure the compensation you deserve.

A Tourist’s Guide to Miami Boat Accidents

Miami is well known as a travel destination for a variety of reasons. From its high-end shopping malls to the vibrant nightlife that has partygoers out until the wee hours of the morning, there is no shortage of things to do. However, for many that visit Miami, heading out to the iconic South Beach or spending a day out on the crystal-clear waters is at the top of their to-do list.

While most boating activities take place without incident, the reality is that accidents happen while out on the water. From boating collisions to falling overboard, it is crucial to understand how to respond in a time of crisis.

Act Fast After a Boating Accident

Boating accidents are inherently dangerous and can escalate within moments. Keeping calm and being prepared to take quick, informed action can prevent a situation from worsening. Safety on boats begins before an accident even happens. Make sure you always have a life jacket or other personal flotation device on when operating or riding on a boat.

If you are involved in a boating accident, remember the following steps:

1. Ensure Your Safety

The first and most critical step is getting to safety. Whether you are alone or with others when the accident occurs, make sure you prioritize getting yourself out of harm's way.

2. Assist Others if Possible

Once you are safe, assist other passengers that were involved in the accident. If other people are in the water and you are safely aboard a vessel, toss them a life ring or other flotation device. If a life jacket or life ring is unavailable, consider using cushions from the boat. These are often designed to be used as removeable flotation devices. Before you leave dry land, it is good practice to ask your captain where the life ring is located and whether the seat cushions can be used as flotation devices in case of emergency.

If you have the proper training, administer basic first aid or CPR to those in need until professional help arrives. There are laws that protect Good Samaritans in Florida, so assisting others is both encouraged and legally supported. Florida’s Good Samaritan Law (Florida Statute 768.13) allows any person, even medical practitioners, to render care in response to an emergency without risking legal repercussions.

3. Call for Emergency Assistance

Unlike land-based accidents, out on the water, there are different authorities and organizations that provide emergency services in dangerous situations.

The United States Coast Guard (“USCG”) should be contacted following a boating accident. The best way to contact them is by VHF radio on channel 16. If a VHF radio is unavailable, call 911 and let the operator know you were involved in a marine-based accident so your call can be routed appropriately. Channel 16 is a marine radio frequency designated for international distress. You can use this channel in any location around the world. If your boat does not have a VHF radio and a cell phone is unavailable, ask the nearest vessel to contact the USCG.

The USCG patrols the South Florida waters and will contact other necessary authorities to assist in your situation. An authority that the USCG will often contact in an emergency is the Marine Patrol which is a specialized operations unit of the Police Department.

Time is critical, and providing detailed information can make response times faster. Do not be afraid to give authorities details relating to your accident.

4. Document the Accident

Accurate documentation is essential, both for legal and insurance purposes. Once everyone is safe and help is on the way, gather as much information as you can about the accident.

5. Seek Medical Attention

Even if your injuries feel minor, it is critical to seek a professional medical evaluation. Water accidents can cause damage or internal injuries that aren’t always visible. Delayed treatment can lead to worsening conditions and gaps in injury claims.

Inform your medical provider that your injuries occurred during a water-related accident so they can document it appropriately. Be sure to keep records of all medical reports and bills.

6. Report the Accident

Under Florida Statute 327.30, boating accidents involving injury, death, property damage of $2,000+, or a missing person must be reported to the Florida Fish and Wildlife Conservation Commission, the sheriff of the county within which the accident occurred, or the police chief of the municipality within which the accident occurred.

Depending on where the accident occurred you may also need to notify the local police department or the sheriff’s office. If the vessel involved was rented, notify the rental company immediately. They may have additional reporting protocols and requirements to complete.

It is important to report accidents involving injury or property damage in a timely manner. Failing to report accidents involving injury is a third-degree felony. Failing to report accidents solely involving property damage is a second-degree misdemeanor.

7. Contact a Maritime Attorney to Better Understand Your Legal Rights

Navigating the aftermath of a boating accident can be overwhelming. Whether it's dealing with liability issues or potential lawsuits, having a clear understanding of your legal rights is essential.

Many people do not realize that accidents on the water fall under a different set of laws due to maritime jurisdiction. It is crucial that you contact an experienced maritime attorney like the team at Mase Seitz Briggs if you believe you have a legal claim. Determining fault in boating accidents can be complex, involving factors like negligence, equipment failure, or legal violations. If you believe you have claims against the boat operator, or any other party involved in your boating accident, contact us for a free case evaluation. 

Spring Break on the Water: Activities, Risks, and Avoiding Disaster

Spring break is a time for relaxation, adventure, and new experiences—often enjoyed on the water. From parasailing to wakeboarding, tourists and spring breakers flock to coastal cities like Miami to try their hand at exciting water sports and recreational boating. However, these activities come with risks, especially for those unfamiliar with proper safety measures or relying on inexperienced or incompetent  providers.

If you are heading out for some aquatic fun, it is important to learn about potential dangers, safety precautions, and the steps you should take if an accident occurs. Below is your guide to making your spring break one to remember—for all the right reasons.

Why Spring Breakers Face Increased Risks in Miami Waters

Spring break sees a surge in water sports and boating activity, with many participants being first-timers. While the excitement of trying new things is contagious, inexperience is one of the leading causes of accidents during this period. 

Here’s why spring breakers may be more vulnerable:

Understanding these risks is the first step toward prevention.

Popular Spring Break Activities in Miami

  1. Boating

Renting or chartering a boat is a popular spring break activity. With a variety of waterways and vessel types, there is a boating adventure suitable for everyone. Whether it is a relaxing pontoon ride or a high-speed adventure, accidents – including collisions and overboard falls – are all too common. The U.S. Coast Guard frequently cites alcohol and inattention as primary causes of boating incidents.

  1. Jet Skiing

Jet Skiing is the perfect activity for any adrenaline junkie. The thrill of maneuvering a powerful jet ski across the water gives an unmatched sense of freedom and excitement. However, due to high speeds these vehicles can reach, collisions with other watercraft and potential injuries from falls make safety precautions essential for jet skiing enthusiasts.

  1. Parasailing

Parasailing offers unmatched views. However, it also comes with risks such as equipment failure, rough weather, or inadequate operator training. Malfunctioning equipment, improper launch spots, or flying too close to other boats or structures can lead to severe injuries.

  1. Scuba Diving

Exploring underwater ecosystems is a bucket-list activity for many, but scuba diving requires experience and certifications. Accidents can occur due to equipment failure, improper training, or inexperienced guides. Decompression sickness, commonly known as “the bends,” is a serious risk without proper preparation.

What to Look for When Choosing a Watersport Activity Provider

Spring breakers can have a thrilling or relaxing spring break and there is a water sport activity for everyone. However, when choosing your water sport activity, you should consider:

Vessel and Equipment Condition

Water sport accidents can occur due to equipment failure, improper training, or inexperienced guides. Make sure your equipment has been inspected, and you know how to operate it.  Even if you are not an expert, there are some easy questions you can ask yourself and things you should look for when examining your equipment and the vessel you are on.

For any water sport, you should check your gear and equipment to assess if it is in serviceable condition and does not look overused, old, or damaged. For example, if ropes are involved, look for signs of damage like cuts, abrasions, fraying, exposed core, flat spots, discoloration, or excessive wear.

Scuba diving requires a variety of gear including tanks, regulator, BCD, mask, wetsuit, and fins. Given their critical nature, inspecting your scuba tank, regulator and BCD should be a priority.  Scuba tanks must go through two inspections. First, the tanks should be visually inspected by a certified professional. A properly inspected tank will have a sticker with the date of this visual inspection (VIP)–be sure to check for it. Second, hydrostatic testing must be performed every five years. Tanks that have passed this inspection will have a stamp in the tank itself on the top near the valve with the date it was last completed. 

Boating Licenses

Ensure that whoever is operating a rented boat has a valid boating license and understands local navigation rules. Operators born after January 1, 1988, are required to have completed a Boater’s Safety Course to operate a boat in Florida, although certain exceptions apply. If chartering a boat, the charter operator needs a valid Captain’s License or Charter Boat License, issued by the United States Coast Guard. You may ask the charter company or crew to show you proof they do.

Crewed Charters

Opt for a crewed boat if no one in your group has the required experience. Verify the captain’s credentials for peace of mind.  Observe the crew and how they operate. Do they operate smoothly?  Do they seem to know where everything is? 

Safety Equipment

Before you sail off for a boat day or go off on a jet ski excursion, confirm the presence of life jackets (and that there are enough for all passengers), fire extinguishers, flares, and a first-aid kit on board. You should always know where the throw cushion /life ring is located, in case someone falls into the water or needs help. Always be prepared to throw it into the water in case of an emergency. If scuba diving, ask about the dive flags.

Preparation is key to avoiding preventable incidents or minimizing injuries in the event of an accident.

How to Choose a Reliable Water Sports Company or Charter:

Ensuring your safety starts with choosing a reputable company or charter for your activities. Beyond just browsing for the highest-rated operators on Google or Yelp, here is what to look for:

  1. Certifications and Licenses

Verify the company’s certifications, licenses, and adherence to local and federal maritime regulations. Operators conducting scuba excursions or parasailing must possess proper training and credentials. Asking about required certifications, licenses, and credentials can help ensure a safe spring break. 

  1. Safety Standards

Confirm that equipment checks are routine and that safety protocols are strictly followed. Ask about maintenance routines and emergency plans.

  1. Reviews and Recommendations

While it should not be the only factor in choosing an operator, checking online reviews on platforms like Google and TripAdvisor can provide valuable insight into past customers’ experiences. Beyond prioritizing positive feedback about safety, staff knowledge, and professionalism, you should also carefully examine negative reviews and their specific complaints. If these reviews relate to the safety and operation of the vessel or water sport in a manner that raises red flags, you should consider choosing a different operator.

  1. Crew Training

If you are chartering a boat or enjoying a water sport activity, ensure the crew or guide are well-trained, experienced, and certified. The captain or guide should have a clear understanding of safety, navigation, and operation of their vessel; they should also have knowledge of expected local weather conditions. Discussing these topics with the crew and/or captain can provide an indication of their familiarity with the activity you are signing up for and their competence.

Selecting the right provider can be the difference between an unforgettable experience and a life-altering accident.

Plan an Exciting and Safe Spring Break Adventure

Spring break is an exciting time to explore new activities and create lasting memories, especially on the water. However, the risks associated with water sports and boating require planning, adherence to safety guidelines and choosing reliable providers. Alcohol and drug use, and increased in tourism during Spring Break often increases the number of people injured on the water in South Florida. If you are injured in water sport accident you may be able to file a personal injury lawsuit against a liable party.

If you or a loved one have been injured due to negligence during a spring break activity, Mase Seitz Briggs is here to help. Our lawyers specialize in maritime law and are ready to advocate for you. Contact us today for a consultation—and take the first step toward justice and recovery.

What is Maritime Law, and Does it Apply to My Boating Accident?

If you’ve been involved in a boating accident in Miami, whether on a personal boat, jet ski, or commercial vessel, you may be wondering if maritime law applies to your case. Understanding maritime law is crucial, as it differs from state laws and can significantly impact your rights and compensation.

What is Maritime Law?

General maritime law is drawn from federal and state law, and is a combination of traditional common-law rules, modifications of those rules, and newly created rules. Also known as admiralty law, it governs activities on navigable waters, including oceans, rivers, and large lakes. This legal framework is designed to ensure safety, fairness, and accountability on the water, covering issues such as:

Does Maritime Law Apply to My Boating Accident?

Whether maritime law applies depends on two key factors:

1. Location of the Accident (Navigable Waters)

Maritime law generally applies to boating accidents on navigable waters, which include:

If the accident occurred on private property or a small inland waterway, state or local laws may apply instead.

2. Type of Vessel Involved

Maritime law covers a variety of vessels, including:

For commercial vessel workers, laws like the Jones Act provide additional protections, allowing injured maritime workers to sue their employers for negligence.

Who is Liable in a Boating Accident?

If you were injured due to someone else’s negligence, maritime law may allow you to seek compensation from:

Why You Need a Maritime Lawyer for Your Boating Accident Case

Maritime law is complex, and successfully navigating a boating injury claim requires legal expertise. A Miami maritime lawyer can:

Get Help for Your Boating Accident Today

At Mase Seitz Briggs, our Miami maritime lawyers have decades of experience helping boating accident victims recover the compensation they deserve. If you or a loved one has been injured in a boating accident, don’t wait—contact us today for a free consultation.

Call now to speak with an experienced maritime attorney. Protect your rights and get the justice you deserve.

Preventable Tragedy: Negligent Security Leads to Assaults

On August 26, 2024, Diontae Blackman illegally entered Downtown 5th – a luxury high-rise apartment building located on 55 NE Fifth Street – and raped a 20-year-old young woman inside her apartment. A building that advertises as “secure remote-control access,” residents of the building assumed they would be safe in their own home. Regrettably, while security may be promised by many luxury high-rise apartment buildings in the Greater Miami area, it is seldom a promise delivered.

Preventable Tragedy: Negligent Security Leads to Assaults
Preventable Tragedy: Negligent Security Leads to Assaults

Blackman entering a Downtown, Miami building in August of 2024

This is not the first time a non-resident has trespassed into an apartment building or condominium and broken into a resident’s home. What’s worse? The August 2024 incident at Downtown 5th is not a first for Blackman, who similarly broke into our client’s home back in May of 2021 and attempted to rape her. There, Blackman followed our client (Jane Doe) past the front door of the building, where an employee/independent contractor for the building held the door open, through the lobby and past the front desk reception area and into an elevator. After stalking Jane Doe to her unit, he forced his way inside, threatened her and beat her with a metal pipe. Blackman was arrested. He plead guilty to a charge of burglary with assault or battery and received a 22- month prison sentence, with credit for 720 days served, and five years of probation.

Preventable Tragedy: Negligent Security Leads to Assaults

Blackman entering a Brickell, Miami condominium in May of 2021

Unfortunately, just four months after he was placed on probation for the Brickell incident, Blackman committed the almost identical crime at Downtown 5th. Like in the Brickell incident, Blackman walked right past the building’s “security measures.” He is now being charged with armed kidnapping, armed sexual battery and burglary with assault or battery.

Mase Seitz Briggs sued Jane Doe’s Brickell condominium building, it’s property management company and the security company they retained, arguing all three Defendants were negligent in securing the building. Mase Seitz Briggs was successful in obtaining a substantial confidential settlement for Jane Doe, and she is now working towards processing this tragedy.

Understanding Negligent Security Cases and the Legal Standard

When you visit a business, apartment complex, hotel, or any other property, you have a reasonable expectation of safety. Property owners and managers have a legal duty to take necessary precautions to prevent foreseeable crimes and protect visitors from harm. When they fail to do so, and someone is injured due to criminal activity that could have been prevented, the injured party may have a claim for negligent security.

Negligent security cases fall under premises liability law, which holds property owners responsible for maintaining a safe environment.

What Is a Negligent Security Case?

Negligent security cases arise when a person is injured due to a lack of adequate security measures on a property where criminal activity was foreseeable. These claims are often brought against property owners, businesses, and landlords who fail to provide reasonable security measures to protect tenants, guests, or customers from harm.

Examples of negligent security include:

If inadequate security contributes to an assault, robbery, or other violent crime, the victim may have grounds to sue the property owner for negligence.

If you or a loved one has been injured due to inadequate security, you may be entitled to compensation. A skilled premises liability attorney can help you build a strong case and hold negligent property owners accountable.

At Mase Seitz Briggs, we have extensive experience handling negligent security cases. If you have questions about your legal rights, contact us today for a free consultation.