A tragic accident took place in Port Orange, Florida, on August 8, 2026, around 12:01 a.m., when a multiple DUI offender ran a red light at Nova Road and Madeline Avenue, fatally injuring one driver.
What Happened: Fatal Collision at Nova Road
On August 8, 2026, around 12:01 a.m., a fatal accident occurred at the intersection of Nova Road and Madeline Avenue in Port Orange, Florida. Dustin Smith, a driver with multiple DUI offenses, failed to stop at a red light and collided with a Dodge Ram driven by Matthew Sayler. The Dodge had a green light and was turning left onto Nova Road when it was struck. The impact caused the Dodge to spin and eject Sayler, who was pronounced dead at the scene.
According to sources, Smith had a blood-alcohol content of .122, significantly above Florida's legal limit of .08. Witnesses reported that Smith had been drinking at local establishments before the accident. Emergency responders quickly arrived at the scene, but Sayler's life could not be saved.
Smith's arrest marks his third DUI-related offense, raising concerns about repeat offenders on the road. For more details, visit Pappas & Russell, P.A.
Who Is Liable for This Crash?
Driver Negligence
Dustin Smith's actions, including driving under the influence and running a red light, clearly indicate negligence. His blood-alcohol level was above the legal limit, contributing directly to the fatal crash.
Dram Shop Liability
Florida law may hold establishments accountable if they served Smith alcohol knowing he was intoxicated, leading to dram shop liability claims against the bars he visited.
Your Legal Rights Under Florida Law
Under Fla. Stat. § 768.19, the Florida Wrongful Death Act allows families to pursue claims for the loss of a loved one. Moreover, Fla. Stat. § 627.736 outlines PIP requirements, providing medical expense coverage regardless of fault. Florida's comparative negligence rule, under Fla. Stat. § 768.81, means recovery is barred if a party is more than 50% at fault.
What Compensation Can You Recover?
Victims and families can seek compensation for various damages. Here are typical ranges:
| Damage Type | Typical Range | Notes |
|---|---|---|
| Medical bills and future care | $150000 to $500000 | Emergency, surgery, rehab, ongoing treatment |
| Lost wages and earning capacity | $50000 to $200000 | Past and future income loss |
| Pain and suffering | $200000 to $1000000 | Physical pain, emotional distress, trauma |
| Wrongful death damages | $500000 to $3000000 or more | Funeral costs, loss of companionship, financial support |
Critical Deadlines - Do Not Wait
It's crucial to act promptly as evidence can be lost or destroyed. Commercial vehicle black boxes overwrite data within 30 days, and surveillance footage is often deleted within 60 to 90 days. Witnesses may move, and memories fade, while insurance companies start building their defense immediately.
Legal Theories That Apply to This Crash
Negligence is evident from Smith's decision to drive under the influence and ignore traffic signals. The wrongful death theory applies due to the fatality involved, and dram shop liability could implicate establishments that served Smith alcohol, given his intoxication level.
7 Immediate Steps to Protect Your Rights
- Seek medical care immediately - Even if you feel fine, delayed injuries are common and gaps in treatment can hurt claims.
- Obtain the FHP crash report number - Request the full report for detailed information on the accident.
- Photograph everything at the scene - Capture road markings, skid marks, vehicle positions, and injuries.
- Do not speak to the at-fault driver's insurance company - Consult an attorney first as statements may be used to reduce your claim.
- Preserve your vehicle - Do not authorize repairs until an accident reconstructionist or attorney inspects it.
- Save every receipt and record - Keep all medical records, bills, and correspondence related to the crash.
- Contact a personal injury attorney immediately - Your deadline is August 08 2028 and early action protects critical evidence.
Frequently Asked Questions
Can I sue after a DUI crash in Port Orange Florida?
Yes, you can pursue a lawsuit if you or a loved one were victims of a DUI crash in Port Orange. A wrongful death claim may also be applicable if the crash resulted in fatalities.
How much is a Port Orange car accident settlement worth in 2026?
Settlement amounts vary based on factors such as medical expenses, lost wages, and non-economic damages like pain and suffering. Consulting with an attorney can provide a more precise estimate.
What if the at-fault driver had no insurance in Florida?
If the at-fault driver is uninsured, you may still recover damages through your own insurance under uninsured motorist coverage, if available, or pursue a personal lawsuit against the driver.
How long does a Florida wrongful death lawsuit take?
The duration of a wrongful death lawsuit in Florida can vary, often taking months to several years, depending on the case complexity and court schedules.
What is the statute of limitations for car accidents in Florida?
The statute of limitations for car accident claims in Florida is two years from the date of the accident, according to Fla. Stat. section 95.11.
Should I accept the insurance company's first settlement offer?
Generally, it's advisable not to accept the first offer from an insurance company, as it may be lower than what you deserve. Consulting with an attorney can help assess the fair value of your claim.
Does Florida have a cap on damages in car accident cases?
Florida does not impose caps on economic or non-economic damages in car accident cases, allowing victims to seek full compensation for their losses.
What is comparative negligence and how does it affect my Florida car accident case?
Comparative negligence in Florida (Fla. Stat. § 768.81) means your compensation can be reduced by your percentage of fault. If you're more than 50% at fault, you may be barred from recovery.
Can bars be held accountable for serving alcohol to drunk drivers in Florida?
Yes, under Florida's dram shop laws, bars or establishments can be held liable for serving alcohol to someone who is visibly intoxicated if they cause an accident.
About Our Attorney Network
Authority Stack is not a law firm. We connect injured Florida residents with licensed personal injury attorneys in our nationwide network who handle Florida cases. Attorneys in our network offer free consultations and work on contingency, meaning no upfront costs to you. Fill out the form below to be connected with an attorney who handles cases in Volusia County, Florida.
Get a Free Case Review from a Licensed Attorney
You may have legal rights. Connect with a licensed personal injury attorney in our network — free consultation, no commitment, no upfront cost. Attorney fees are contingency-based — you pay nothing unless you win.