Miami Drunk Driving Accident Lawyers

Intoxicated individuals put lives at risk when they decide to get behind the wheel, and victims’ lives change drastically because of that poor judgment. Car accidents involving drunk or otherwise impaired drivers can lead to severe injury and death, claiming thousands of innocent lives every single year.

Victims of drunk driving accidents deserve the best legal support and advocacy in the courtroom. Our Miami drunk driving accident lawyers will provide expert representation to ensure a victim receives the compensation he or she deserves. We have considerable experience representing victims of drunk driving accidents.

Our small caseload ensures that each case receives personal attention from consultation to settlement. Dial (305) 638-4143 or complete our online form to get started on your case.

Drunk Driving Laws in Florida

To win compensation in a personal injury case, the victim must prove that the other person involved was acting carelessly or negligently. Driving under the influence of alcohol or drugs is a form of negligence. According to Florida Statute 316.193(1), a driver with a blood alcohol content (BAC) of 0.08% is too drunk to drive. If a driver is under the influence of a controlled substance such as meth or heroin, he or she is also subject to impaired driving laws.

Under statute 316.193(2), a drunk driving incident that does not result in injury, property damage, or death is punishable by:

• A fine between $500 to $1,000 and imprisonment up to six months for a first conviction;
• A fine between $1,000 to $2,000 and imprisonment up to nine months for a second conviction; and
• Additional punishment, including felony charges, increased prison time, and heavier fines for further convictions.

Consequences are more serious if the driver has a BAC of 0.15%, a child is present, or the accident involves property damage, injury, or death. A drunk driver can face first-degree misdemeanor or a first- and second-degree felony charges based on the severity of the accident and prior offenses. Killing or seriously injuring another person will increase the punishment.

Who Is Liable?

Under statute 316.193, a driver with a BAC of 0.08% or higher is liable for a drunk driving accident that results in injury, property damage, or death. The driver is also liable if he or she was under the influence of drugs or other controlled substances during the accident. According to Florida Statute 324.021, also known as Florida’s Financial Responsibility Law, drivers who are involved in accidents that result in injury, property damage, or death must have full liability insurance coverage.

The minimum amounts of this coverage are:

• $10,000 of bodily injury liability per person
• $20,000 of bodily injury liability per crash
• $10,000 of property damage liability per crash
• $10,000 of personal injury protection limits per person per crash

The victim will first need to file a claim with his or her insurance company before filing a claim with the driver’s insurance company. This is because Florida is a no-fault car insurance state. If the injuries are severe, the victim can then file a claim with the at-fault driver’s insurance company or file a lawsuit with the help of an experienced drunk driving accident lawyer.

What Should I Do Immediately After Being Hit by a Drunk Driver?

After being hit by a suspected drunk driver, take the following steps:

• Call 911 Immediately: Report the accident to law enforcement. Officers will assess the driver’s condition and may administer a breathalyzer or field sobriety test.
• Seek Medical Attention: Even if you don’t feel injured, get checked by a medical professional. Some injuries, like concussions or internal bleeding, may not be immediately noticeable.
• Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. If possible, get witness statements and their contact information.
• Obtain the Police Report: This report will contain crucial details, such as the officer’s observations, the driver’s BAC (Blood Alcohol Concentration), and any citations or arrests.
• Contact an Attorney: A personal injury lawyer can guide you through filing a claim and dealing with insurance companies to maximize your compensation.

Frequently Asked Questions

Can I Sue a Drunk Driver for My Injuries?

Yes, under Florida law, if you were injured by a drunk driver, you have the right to file a personal injury lawsuit against them. You may seek compensation for:

• Medical expenses (hospital bills, surgeries, rehabilitation)
• Lost wages and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Property damage

Even if the driver is charged criminally, you can still pursue a civil case for damages. Criminal charges do not automatically provide compensation to victims.

Can I File a Claim If a Loved One Was Killed by a Drunk Driver?

Yes. If a family member tragically died due to a drunk driving accident, you may be eligible to file a wrongful death lawsuit. Compensation may include:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and emotional suffering
• Medical expenses incurred before death

Only the personal representative of the deceased’s estate can file a wrongful death claim on behalf of surviving family members. Surviving family members may include the spouse, children under the age of 25, parents, and other dependents in certain cases.

How Long Do I Have to File a Claim Against a Drunk Driver in Florida?

Florida has a statute of limitations for filing personal injury claims:

• Two years from the date of the accident for personal injury claims
• Two years from the date of death for wrongful death claims

Failing to file within this timeframe may prevent you from recovering compensation.

Will the Drunk Driver’s Criminal Case Affect My Injury Claim?

A criminal case and a civil lawsuit are separate legal actions. If the driver is convicted of DUI, it can serve as strong evidence in your personal injury claim. However, even if the driver avoids conviction, you can still pursue compensation in civil court.

What If I Was Partially at Fault for the Accident?

Florida follows a modified comparative negligence rule, which means:

• If you were less than 50% responsible for the crash, you can still recover damages, but your compensation will be reduced by your percentage of fault.
• If you were 50% or more at fault, you may not be eligible for compensation.

An experienced car accident attorney can help dispute any unfair claims of fault made by insurance companies.

Why Do You Need a Lawyer?

Statute 324.021 requires insurance companies to provide compensation to victims of drunk driving accidents, but these companies can lowball victims if they do not have legal representation. Hiring an experienced lawyer will ensure that the victim receives the compensation he or she deserves. A lawyer can:

• Gather evidence, including police reports, witness statements, and medical records
• Handle all communications with insurance companies
• Prove negligence and maximize the value of your claim
• Take your case to trial if necessary

Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if they win your case.

The Miami attorneys at Flanagan & Bodenheimer Personal Injury and Wrongful Death Law Firm are highly skilled in drunk driving accident cases and will work tirelessly to ensure our clients receive the compensation they deserve.

Call us today at (305) 638-4143 to schedule your free consultation at our office in Miami, your home, or your hospital room.