Miami Drunk Driving Accident Attorneys
Representing Victims of Drunk Drivers Throughout South Florida
As one of the most popular cities in the U.S. for tourism, Miami is well-known for its nightlife. In the beginning, it can all seem like fun and games—until someone ends up hurt in a drunk driving accident.
There are plenty of options available to people who would like to enjoy a few drinks while visiting Miami and still get home safe. Unfortunately, some of these people choose to get behind the wheel after a long night of consuming alcohol, risking not only their lives but also the lives of other people on the road.
If you have suffered a severe injury or lost a family member due to a drunk driver, you deserve to seek compensation. At Amanda Demanda Law Group, our Miami drunk driving accident attorneys can help. We work tirelessly on behalf of injured accident victims to help ensure that they are fully compensated for their medical expenses, lost wages, pain, and suffering after a drunk driving accident.
Continue reading to learn more about your rights after a drunk driving accident, or call (305) 998-6953 for a free consultation with our legal team. Hablamos español.
How Are Drunk Driving Claims Different from DUI Cases?
Drunk driving accident claims are civil actions, as opposed to criminal actions. Someone who drives drunk and causes an accident, leading to bodily injury or death, has not only broken the law; they have also wronged the other people involved. When you have been wronged by another person, you can seek financial compensation for certain losses you suffered due to the other person’s negligent or unlawful behavior.
In a criminal DUI case, the person accused of drunk driving faces both criminal and administrative penalties. Florida’s penalties for driving under the influence of alcohol or drugs include things like jail or prison time, thousands of dollars in fines, and automatic driver’s license suspension or revocation. While this serves to punish the drunk driver, it does little to compensate the victim.
That’s where your civil lawsuit comes in. By filing a claim in civil court, you can seek financial restitution for your medical expenses, lost income, loss of earning ability, pain and suffering, lost quality of life, and other damages. In a successful case, the drunk driver (or their insurance provider) will be made to pay for your damages.
Are Drunk Driving Accidents Covered by No-Fault Insurance in Florida?
In Florida, no-fault insurance covers most auto accidents, including those caused by drunk drivers. However, no-fault insurance, or personal injury protection (PIP), does not completely cover accident victims’ damages. Instead, it only provides up to a certain percentage of compensation for medical expenses and lost wages, and it does not provide any compensation for non-economic damages, such as pain and suffering.
To go outside the no-fault system and take legal action against a drunk driver, you will have to prove that you suffered a “serious injury,” as defined by the state. This includes injuries that:
- Are permanent
- Lead to significant and permanent disfigurement
- Cause permanent and significant loss of a bodily function, system, or member
Additionally, Florida includes fatal injuries as “serious injuries,” meaning you can bring a wrongful death lawsuit against the drunk driver or another liable party if your family member tragically passed away due to a DUI accident.
Who Is Liable for a Drunk Driving Accident?
When you call our firm after a drunk driving accident, one of the first things we will do is evaluate the facts of your case. It’s our job to help you establish who is at fault, or liable, so that you know who to file your legal claim against.
The first step in proving liability is showing that the other driver was actually under the influence at the time of the crash. This will automatically demonstrate the driver’s blatant negligence. Various evidence, such as the police report from the accident or the results of a breathalyzer or chemical test, can be used to prove this point. Witness statements can also help establish that the other driver involved was intoxicated or under the influence of alcohol or drugs at the time of the crash.
Once we have established that the other driver was drunk when the accident occurred, we can work to hold them accountable for your injuries and resulting damages. This means the driver—or their insurance company—must compensate you for your medical expenses, lost wages, pain and suffering, lost earning ability, and more.
What Is Florida’s Dram Shop Law & How Can It Affect Your Personal Injury Case?
The drunk driver is not the only party that could be held liable for injuries sustained in a drunk driving accident. In some cases, victims are also able to hold the restaurant, bar, or vendor that served the drunk driver alcohol liable for their injuries and damages. Florida’s dram shop laws state that a bar, restaurant, or any other alcohol vendor can be held liable if:
- The vendor willfully and unlawfully sells alcohol to someone under the age of 21, or
- The vendor knowingly serves alcohol to someone who is habitually addicted to alcohol
If either of these parties—a habitually addicted adult or minor—injure someone in a drunk driving accident, the vendor that sold them the alcohol can be held liable for the victim’s injuries.
It is not easy to prove liability in a drunk driving case, especially if you are trying to hold the vendor accountable as well, which is why it’s so important to rely on an experienced attorney. Let our Miami drunk driving accident lawyers review your case and determine who can be held liable for your injuries. We have the resources, experience, and skills to efficiently investigate your claim and aggressively pursue maximum compensation on your behalf.