Most people think of a car accident as an insurance problem: property damage, medical bills, maybe a lawsuit if someone is badly hurt.
But in Florida, the aftermath of a crash can become much more serious when police, prosecutors, and criminal charges get involved. Suddenly you’re not just dealing with an insurance adjuster—you’re facing the possibility of jail, a permanent record, and life-changing consequences.
In this LawTails conversation, host David Higgins sits down with:
- Attorney Armando Edmiston – Tampa/St. Petersburg personal injury lawyer with Armando Personal Injury Law
- Criminal Defense Lawyer Thomas Grajek – criminal defense and civil rights lawyer with offices in Lakeland and Tampa (flcrimedefense.com)
Together, they break down what really happens when a crash is no longer “just an accident”—especially in cases involving DUI, DUI manslaughter, leaving the scene, drugs, guns, and serious injury or death.
This article summarizes the key points from that discussion and explains why, in the most serious crashes, you may need both a personal injury lawyer and a criminal defense lawyer on your side.
When Does a Car Crash Become a Criminal Case?
Not every accident leads to criminal charges. But certain facts will immediately put a crash on law enforcement’s radar as something more than bad luck.
Common triggers for criminal charges after a crash include:
- Driving under the influence (DUI) of alcohol or drugs
- DUI with serious bodily injury or death
- DUI manslaughter
- Leaving the scene of a crash (hit-and-run), especially when someone is injured or killed
- Reckless driving at high speeds or in dangerous conditions
- Crashes involving guns, drugs, or other contraband in the vehicle
In these situations, you may suddenly be facing two separate but overlapping cases:
- A criminal case with the State of Florida, and
- A civil case involving personal injury or wrongful death claims.
Understanding how these two tracks interact is critical to protecting your rights and your future.
DUI, DUI Manslaughter & Leaving the Scene
One of the first things police look at after a serious crash is whether alcohol, drugs, or impairment played a role.
How a regular DUI becomes something much more serious
A basic DUI charge might involve:
- Being over the legal limit, or
- Being impaired to the extent your normal faculties are affected
But when a crash causes serious injury or death, the situation escalates quickly:
- DUI with property damage or minor injury can still be serious, but
- DUI with serious bodily injury ups the stakes dramatically, and
- DUI manslaughter is a life-changing felony charge that can carry significant prison time.
Leaving the scene: why hit-and-run is treated so harshly
“Leaving the scene of an accident” (often called hit-and-run) is another major trigger for criminal charges. When someone:
- Leaves without exchanging information
- Fails to stay and provide aid when someone is hurt
- Or disappears altogether after causing a crash
they can face separate criminal charges just for leaving, on top of any DUI or reckless driving allegations.
Even if you panic and “just drive home,” those few minutes can lead to long-term consequences in both the criminal case and any civil lawsuits that follow.
What Criminal Evidence Do Police & Prosecutors Look At?
When a crash turns criminal, law enforcement treats it like any other serious case: they look for evidence that tells a story.
Types of evidence commonly used in crash-related criminal cases:
- Breath tests (Intoxilyzer)
- Blood tests for alcohol or drugs
- Field sobriety exercises and officer observations
- 911 calls from witnesses and bystanders
- Body camera footage from responding officers
- Dash cam video from patrol cars
- Surveillance video from nearby homes, businesses, or traffic cameras
- Witness statements and written reports
This evidence doesn’t just matter on the criminal side. It can also affect how a personal injury or wrongful death case is evaluated and presented.
Why timing and procedure matter
In serious DUI or crash cases, details like:
- When the test was given
- How it was administered
- Whether the equipment was maintained correctly
- Whether reports contain errors or contradictions
can all make the difference between a strong prosecution and a case with serious weaknesses. That’s why having a criminal defense lawyer involved early can be so important.
Black Boxes, Crash Data & Accident Diagrams
Today’s vehicles are packed with technology. That includes systems that quietly record what the car was doing right before, during, and after a crash.
Electronic Data Recorders (“Black Boxes”)
Many vehicles have an Electronic Data Recorder (EDR)—often called a “black box.” It can capture information like:
- Speed at the time of impact
- Braking (when and how hard brakes were applied)
- Seatbelt usage
- Throttle position
- Other data points that help reconstruct what happened
This data can be used in criminal cases and civil trials to support or challenge claims about how the crash occurred.
Accident diagrams & reconstruction
In more complex cases, lawyers may work with:
- Accident reconstruction experts
- Engineers and specialized investigators
They use diagrams, measurements, and EDR data to explain:
- Directions of travel
- Point of impact
- Visibility and line-of-sight issues
- Relative speeds and driver reactions
The goal is to tell a clear story to a jury of regular people who may have no technical background at all.
Drugs, Guns & Other Charges Found at the Crash Scene
Sometimes the crash itself is only part of the problem.
When police respond to a collision, they may:
- Look into the vehicle
- Search based on probable cause or consent
- Discover drugs, weapons, or other contraband
What might have started as a traffic stop or accident investigation can quickly turn into a multi-charge criminal case, including:
- Possession of controlled substances
- Possession with intent to sell
- Firearm charges
- Violations of probation or parole conditions
In these situations, having a criminal defense lawyer involved immediately can be critical. Decisions made in the first hours and days—what you say, what you sign, whether you consent to certain searches—can impact the outcome for years.
Should You Talk to Police After a Crash?
Many people believe they can “clear things up” by just explaining what happened. But in serious crashes, especially those involving possible DUI, death, or serious injuries, your words can and will be used against you.
Real-world consequences of talking “just to be helpful”
When you:
- Answer detailed questions at the scene
- Give a recorded statement
- Try to “justify” or “explain away” certain behavior
you may be unintentionally:
- Admitting fault
- Filling in gaps in the prosecution’s case
- Creating statements that conflict with later testimony
Police, prosecutors, and insurance adjusters all listen differently
- Police and prosecutors are looking for evidence of crimes
- Insurance companies are looking for reasons to deny or reduce claims
- Personal injury lawyers and criminal defense lawyers have different strategies for protecting you
Before giving detailed statements—especially when serious charges are on the table—it’s wise to speak with a lawyer who understands both the criminal and civil angles of your situation.
Personal Injury Claims When There’s Also a Criminal Case
A serious crash can create two very different legal battles:
- The criminal case, where the State of Florida is trying to punish or rehabilitate a defendant, and
- The civil case, where injured people or grieving families are seeking compensation for what they’ve lost.
How the criminal case affects the injury or wrongful death claim
Depending on the facts, a criminal case can:
- Strengthen a civil case if there’s a conviction that supports liability
- Complicate the civil case if the defendant invokes certain rights or protections
- Delay the civil process while criminal proceedings play out
Evidence gathered in a criminal case—videos, reports, lab results—may eventually be used in the civil case. But there are often timing issues and access questions that require careful strategy.
Why working with both a PI lawyer and a criminal defense lawyer can help
In complex crash cases, it’s often helpful to have:
- A personal injury lawyer focused on your medical bills, lost wages, pain and suffering, and long-term needs, and
- A criminal defense lawyer focused on protecting your freedom, your record, and your constitutional rights.
Coordinated representation can help avoid situations where something that helps one case accidentally hurts the other.
Preparing for Trial & Talking to a Jury
Whether you’re in criminal court, civil court, or both, a big part of your lawyers’ job is telling your story in a way that regular people can understand.
What juries consider in serious crash cases
Juries are often asked to evaluate:
- Complex evidence like black box data and blood tests
- Conflicting stories from drivers, passengers, and witnesses
- The credibility of the person on the stand—you
How you:
- Dress in court
- Speak to the judge and jury
- Handle questions on cross-examination
all influence how your case is perceived. Your lawyers will usually spend time preparing you for this process so you can present yourself honestly and clearly.
Do You Need to Talk to a Lawyer About a Crash & Charges?
You should strongly consider speaking with a lawyer if you or a loved one is dealing with:
- A serious car accident in Florida
- DUI, DUI manslaughter, or leaving the scene charges
- A crash involving drugs, guns, or serious injury/death
- Questions about how a criminal case might affect your injury or wrongful death claim
The sooner you get real legal guidance, the more options you may have.
How Armando Personal Injury Law & Criminal Defense Lawyer Thomas Grajek Can Help
If you’ve been seriously injured in a crash—or lost a loved one—you may be facing:
- Medical bills
- Time off work
- Long-term health issues
- Emotional trauma
And if there are criminal charges involved, the stress and stakes only increase.
If you’ve been involved in a crash or are facing criminal charges, you should speak directly with our qualified attorneys about your unique facts and options.
For injuries and crashes
Armando Personal Injury Law – Tampa, Florida
Serving Tampa, St. Petersburg, Lakeland, and communities across Florida
📍 2002 E 5th Ave UNIT 103
Tampa, FL 33605
📞 Call: (813) 482-0355
You can speak with our team about what happened, your options, and possible next steps.
Free consultation. No fee unless we win.
For criminal charges and civil rights issues
If you’re also facing DUI, felony, or other criminal charges related to a crash, you can contact:
Criminal Defense Lawyer Thomas Grajek – Lakeland & Tampa
🌐 Learn more at flcrimedefense.com
Working with both a personal injury lawyer and a criminal defense lawyer can help protect you on both fronts: your freedom and your future.