Car Accident Lawyer

Drunk Driving Car Accidents Attorneys

Drunk driving accidents cause devastating injuries, emotional trauma, and financial hardship for countless families each year. This article provides vital information for victims, explaining the critical steps to take after a crash, legal rights under Florida law, and how an experienced attorney can help secure the compensation you deserve. With proven guidance on suing a drunk driver, determining liability, and navigating insurance issues, this guide is an essential resource for anyone affected by alcohol-impaired driving.

Quick Navigation

• What Should You Do After a Drunk Driving Accident?
• Can You Sue a Drunk Driver?
• Who Else Can Be Held Liable?
• What Types of Damages Can You Receive?
• Damages in a Wrongful Death Case
• What If the Drunk Driver’s Insurance Company Calls?
• Will Your Case Go to Court?
• Contact The Injury Firm

Being struck by a drunk driver is one of the most traumatic and frustrating experiences a person can endure. These accidents often result in severe injuries, costly medical bills, lost wages, and emotional trauma. If you or a loved one has been injured or killed in a crash caused by an intoxicated driver, it’s important to know that you have legal rights. At The Injury Firm, our experienced drunk driving accident lawyers are here to guide you through every step of the process and help you secure the compensation you deserve.

What Should You Do After a Drunk Driving Accident?

In the immediate aftermath of a crash, your first priority should always be safety. Pull over, call 911, and check for injuries. But in cases involving an intoxicated driver, your actions in those early minutes can have a huge impact on the success of your claim.

• Call Law Enforcement Immediately: The sooner the police arrive, the sooner they can administer a breathalyzer or chemical test to document the at-fault driver’s blood alcohol content (BAC). This is vital evidence in a civil claim.
• Document the Scene: Take photos and videos of both vehicles, visible injuries, road conditions, and any evidence of impairment (e.g., open alcohol containers).
• Identify Witnesses: If anyone saw the crash or the driver's behavior, collect their names and contact information for your attorney.
• Seek Immediate Medical Attention: Many injuries are not immediately apparent after an accident. Getting a prompt evaluation will help protect your health and establish documentation for your injury claim.
• Do Not Confront the Drunk Driver: Intoxicated individuals may become aggressive or irrational. Allow law enforcement to handle the situation.

Once you’ve addressed your health and reported the incident to the authorities, contact an experienced personal injury attorney. A legal professional will begin building your case, preserve crucial evidence, and handle communications with insurance adjusters who may try to minimize your claim.

Can You Sue a Drunk Driver?

Yes, you absolutely can sue a drunk driver in Florida. While the state follows a no-fault insurance system, which typically requires you to file with your own PIP (Personal Injury Protection) insurance, exceptions are made when serious injuries are involved. This includes:

• Broken bones or fractures
• Permanent disfigurement or disability
• Loss of bodily function
• Death of a loved one

If your injuries meet these criteria, you can step outside the no-fault system and file a lawsuit against the drunk driver. Your lawyer will work to prove negligence by establishing that the driver breached their duty of care by driving under the influence.

Even if the drunk driver is not convicted in criminal court, you can still win a civil lawsuit. Civil cases require a lower standard of proof—your attorney only needs to show that it is more likely than not that the drunk driver’s behavior caused your injuries.

Who Else Can Be Held Liable for Your Injuries?

In many cases, the drunk driver isn’t the only party that can be held financially accountable for your injuries. Depending on the circumstances, additional parties may share in the liability, including:

• Bars, Nightclubs, and Restaurants: Under Florida’s Dram Shop Law, an establishment can be held liable if they served alcohol to someone who was either underage or “habitually addicted to alcohol.” Proving habitual addiction often requires strong supporting evidence, such as prior DUI convictions or testimony from witnesses who observed the driver's condition.
• Social Hosts (Minors Only): If an adult knowingly serves alcohol to a minor who then causes a crash, that adult may be held civilly liable for the injuries the minor caused.
• Vehicle Owners: If the vehicle wasn’t owned by the drunk driver but was lent to them knowingly, the owner may be liable under Florida’s “dangerous instrumentality doctrine.”
• Employers: If the driver was acting within the scope of their employment (e.g., driving a company vehicle or running a company errand while intoxicated), the employer may bear liability under vicarious liability laws.

These extended liability options are important, especially when the drunk driver lacks sufficient insurance to cover your medical costs, lost wages, and other damages.

What Types of Damages Can You Receive?

Victims of drunk driving accidents often suffer a wide range of economic and non-economic damages. Your compensation can include:

• Medical Expenses: Past, present, and future medical costs related to the accident, including emergency care, surgeries, rehab, medications, and assistive devices.
• Lost Income: Wages lost due to time away from work, as well as loss of future earning capacity if your injuries are long-term or permanent.
• Pain and Suffering: Compensation for physical pain and emotional distress, including anxiety, PTSD, and reduced quality of life.
• Property Damage: Repair or replacement costs for your vehicle or any other damaged property.
• Punitive Damages: In some cases, the court may award punitive damages to punish the drunk driver for especially reckless behavior and to deter similar conduct in the future.

At The Injury Firm, we work with medical professionals, financial experts, and life care planners to fully evaluate your losses and ensure your claim includes everything you're entitled to.

What Type of Damages Can You Receive in a Wrongful Death Case?

Tragically, some drunk driving crashes result in the loss of life. If your loved one was killed due to another person’s intoxicated actions, you may have the right to file a wrongful death lawsuit. In Florida, this type of claim must be brought by the personal representative of the deceased’s estate.

Eligible family members may receive compensation for:

• Funeral and burial expenses
• Medical costs incurred before death
• Loss of future financial support
• Loss of companionship, guidance, and protection
• Mental pain and suffering for surviving family members

Wrongful death claims are emotionally complex and require a compassionate and experienced legal team. The Injury Firm handles these cases with sensitivity and tenacity to ensure that families are properly compensated while holding reckless drivers accountable.

What Should You Do if the Drunk Driver’s Insurance Company Calls You?

Insurance companies are not your ally after a drunk driving accident. Their goal is to minimize the amount they pay out, not to fairly compensate you for your suffering. If the at-fault driver’s insurer contacts you, follow these key steps:

• Do not give a recorded statement: Anything you say could be used against you later. Politely decline until you’ve spoken to a lawyer.
• Avoid discussing your injuries: Insurers may try to twist your words to suggest your injuries are minor or unrelated to the crash.
• Don’t accept the first settlement offer: Early offers are often lowball figures designed to close the case cheaply. Once accepted, you may waive your right to future compensation.
• Let your attorney handle communication: When you work with The Injury Firm, we’ll take over all discussions with insurance companies to protect your rights.

Will Your Drunk Driving Accident Case Go to Court?

Most personal injury cases, including those involving drunk drivers, are resolved through out-of-court settlements. However, if the insurance company refuses to offer fair compensation or denies liability, filing a lawsuit may be necessary.

At The Injury Firm, we prepare every case as if it will go to trial. This gives us leverage during settlement negotiations and ensures we’re ready to aggressively advocate for your rights in court, if needed. We present evidence such as BAC results, police reports, medical records, accident reconstruction, and witness testimony to strengthen your case.

Whether in or out of court, our mission is to deliver justice and full compensation for our clients.

Get Legal Help from an Experienced Drunk Driving Car Accident Attorney

If you or a loved one has been injured in a drunk driving crash in Fort Lauderdale or anywhere in Florida, you need a powerful legal team on your side. At The Injury Firm, we bring years of experience, compassion, and relentless dedication to every case we handle.

Call 954-951-0000 today for your FREE consultation. We’ll review your case, explain your rights, and guide you every step of the way—at no upfront cost. You don’t pay unless we win compensation for you.

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