A tragic collision occurred in Port Orange, Florida, on August 8, 2026, when a multiple DUI offender ran a red light at Nova Road and Madeline Avenue, resulting in the death of one person.
What Happened: A Fatal Collision in Port Orange
Shortly after midnight on August 8, 2026, an accident occurred at the intersection of Nova Road and Madeline Avenue in Port Orange, Florida. Dustin Smith, a repeat DUI offender, failed to stop at a red light, crashing into a Dodge Ram driven by Matthew Sayler, who was pronounced dead on the scene. The collision caused the Dodge to spin multiple times, ejecting Sayler from the vehicle. Smith's blood-alcohol content was found to be .122, significantly above the legal limit, according to Pappas & Russell, P.A..
Who Is Liable for This Crash?
Driver Negligence
Dustin Smith's decision to drive under the influence and run a red light constitutes negligence. His actions directly led to the fatality, making him the primary liable party.
Dram Shop Liability
Under Florida law, establishments that overserve alcohol to a visibly intoxicated person may bear responsibility for subsequent harm. Investigations into the bars Smith visited could reveal liability.
Your Legal Rights Under Florida Law
Florida's Wrongful Death Act (Fla. Stat. § 768.19) allows the family of Matthew Sayler to pursue a claim for wrongful death. The state's personal injury protection (PIP) requirements (Fla. Stat. § 627.736) provide coverage for medical expenses, while modified comparative negligence rules (Fla. Stat. § 768.81) may affect recovery if Sayler were found partially at fault.
What Compensation Can You Recover?
Victims and their families may seek compensation for various damages:
| 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
Act quickly to preserve evidence and meet deadlines. Commercial vehicle black boxes overwrite data within 30 days, and surveillance footage is often deleted within 60 to 90 days. Witness memories fade, and insurance companies start building defenses immediately.
Legal Theories That Apply to This Crash
The negligence theory applies here as Smith's DUI behavior directly caused the death. Wrongful death claims can be made under Florida's statutes when a death results from another's negligence. Dram shop liability may also apply if the establishments serving Smith contributed to his intoxication.
7 Immediate Steps to Protect Your Rights
- Seek medical care - Even if you feel fine, delayed injuries are common, and gaps in treatment can hurt your claim.
- Obtain the crash report - Request the report from FHP to understand the official findings.
- Photograph the scene - Document road markings, vehicle positions, and injuries to preserve evidence.
- Avoid speaking to insurance without a lawyer - Insurers may use your statements to minimize your claim.
- Preserve your vehicle - Delay repairs until an expert inspects it to support your case.
- Keep all records - Save receipts, medical documents, and correspondence related to the crash.
- Contact an attorney - Early legal advice is crucial, especially with a filing deadline of August 08 2028.
Frequently Asked Questions
Can I sue after a DUI crash in Port Orange Florida?
Yes, if you or a loved one were affected by a DUI crash, you may pursue a lawsuit against the at-fault driver. Florida law allows for claims related to negligence and wrongful death. Consulting with an attorney can clarify your options.
How much is a Port Orange car accident settlement worth in 2026?
The value of a settlement depends on factors like severity of injuries, liability, and insurance policy limits. Consult an attorney to evaluate your specific case and potential compensation.
What if the at-fault driver had no insurance in Florida?
Florida requires drivers to carry insurance, but if the at-fault driver is uninsured, you may rely on your own uninsured motorist coverage, if available. An attorney can help explore other compensation avenues.
How long does a Florida wrongful death lawsuit take?
Wrongful death cases can take anywhere from several months to a few years, depending on case complexity and court schedules. Early legal counsel can expedite proceedings.
What is the statute of limitations for car accidents in Florida?
Under Fla. Stat. § 95.11, personal injury claims must be filed within two years of the accident date. Missing this deadline bars recovery.
Should I accept the insurance company's first settlement offer?
It's often best not to accept an initial offer without consulting an attorney. Insurers aim to minimize payouts, and legal advice ensures you're fairly compensated.
Does Florida have a cap on damages in car accident cases?
Florida does not impose a cap on economic damages, but there may be limits on certain non-economic damages. An attorney can provide case-specific advice.
What is comparative negligence and how does it affect my Florida car accident case?
Florida follows a modified comparative negligence rule, meaning recovery is barred if you're more than 50% at fault. An attorney can assess how this rule applies to your case.
How does dram shop liability affect a DUI crash case in Florida?
Florida's dram shop laws hold establishments liable if they serve alcohol to visibly intoxicated patrons who then cause harm. This can be a crucial factor in DUI cases.
What should I do if the crash involved a commercial vehicle in Florida?
If a commercial vehicle is involved, additional theories like respondeat superior may apply, holding employers accountable. Preserve evidence and consult an attorney quickly.
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.