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DUI Accident Attorneys

Motor vehicle accidents happen every day in Florida. Unfortunately, far too many of those accidents are caused by drivers who are impaired by drug or alcohol use. In 2022, alcohol-impaired drivers were responsible for the deaths of 940 accident victims in the Sunshine State.

If you were injured in an accident where the responsible party was driving under the influence, or if a loved one was killed in such an accident, we can help. Working with a knowledgeable personal injury attorney can help you pursue justice. The Florida DUI accident attorneys at Scott Marshall Injury Attorneys represent injured accident victims, fighting to help them obtain the compensation they are owed.

Florida Laws
On DUI Accidents

Under Florida law, impaired driving occurs when someone operates a motor vehicle under the influence of alcohol, controlled substances, or chemical substances. If breath alcohol or blood alcohol content (BAC) levels are .08 or higher, a driver can be charged with driving under the influence (DUI.)

The legal consequences of a DUI conviction vary, depending on whether the offense was a first or a subsequent offense, whether a minor was in the vehicle, and on the driver’s BAC level. If BAC was .15 or greater, penalties go up. In fact, monetary fines can be twice as high compared to lower BAC levels.

A drunk driver who is charged with causing serious bodily injury to another party can be convicted of a felony, which can involve prison time. Victims injured in motor vehicle accidents involving impaired drivers have the right to pursue restitution from the responsible party by filing a personal injury claim.

Determining Liability In
Florida DUI Accidents

Personal injury accident claims in Florida often hinge on whether there is sufficient evidence that the responsible party acted negligently. In most Florida motor vehicle accidents where a driver was operating their vehicle under the influence of alcohol or drugs, proving negligence and determining liability is aided by BAC level tests, which can be used to help establish fault.

When you choose to work with a drunk driving accident law firm in Florida, your legal team will work to identify all parties who may have some legal responsibility for your car accident injuries. Your lawyer will gather evidence to support your claim and will seek to hold liable parties responsible for their actions, working to help you recover the compensation you are owed. In some DUI cases, multiple parties may share responsibility. A skilled DUI attorney will know how to conduct a thorough investigation designed to identify all liable parties. This can be a critically important step for prevailing in a Florida drunk driver insurance claim.

DUI Accidents And
Florida Dram Shop Law

If you were injured in a DUI accident, your Florida DUI accident lawyers may bring claims under Florida’s dram shop laws. These laws can be used to hold bars, taverns, or other establishments that serve alcohol responsible for serving someone who was subsequently involved in a DUI accident. However, recovery under dram shop laws in Florida is generally limited to two scenarios:

  • Serving a minor. If a bar served someone who was under the legal drinking age, and then that person was involved in a DUI accident that injured someone else, the injured party can take legal action against the establishment.
  • Habitual addiction. In situations where the establishment was aware that the person they served had a history of intoxication and was a “habitually addicted” person, the bar may be liable for injuries sustained by victims in a DUI accident.

It will be your attorney’s job to identify all potentially responsible parties and to hold them accountable for their actions. Taking legal action against multiple parties can be complex and nuanced; choosing the best DUI accident attorney and law firm can improve your odds of successfully recovering damages.

Common Injuries In
Florida DUI Car Accidents

DUI accidents in Florida can leave victims with serious and long-lasting physical injuries and emotional trauma. Some of the most common injuries our Florida DUI victim attorneys see include:

  • Back, neck, and spine injuries
  • Paralysis
  • Traumatic brain injuries
  • Internal organ damage
  • Broken or crushed limbs
  • Limb amputations
  • Soft tissue damage
  • Burns
  • Disfigurement/scarring
  • Psychological trauma

If you suffered any sort of injuries as the result of a DUI accident even if those injuries are not listed above, consult with a personal injury attorney. Your lawyer can evaluate the circumstances and help you understand the relative strength of your claim, so you can make informed decisions about how to proceed.

What To Do After A Drunk Driving Accident

The aftermath of any motor vehicle accident can be chaotic. Understanding what to do after a drunk driving accident can help ease some of the stress the accident can bring; while helping you lay the foundation for a personal injury claim — should you later choose to pursue one.

If you are involved in a DUI accident, follow these steps:

  1. Contact emergency services. Contact 911 to report the accident and your injuries and wait for first responders to arrive. Turn off your vehicle and turn on your hazard lights while you wait.
  2. Document the accident. If you can safely do so, document the names and contact information for anyone who witnessed the accident. It can also be helpful to take photos/videos of the accident scene. Be sure to obtain a copy of the accident report completed by responding officers.
  3. Seek medical attention. Seek prompt medical attention for your injuries, even if you think they are relatively minor. Keep documentation of the initial visit and all related follow-up care, including care instructions, diagnoses, tests, and medications.
  4. Seek legal representation. Before you talk to the other party or insurance adjusters, and before you sign or agree to anything, consult with experienced drunk driving accident attorneys who can evaluate your case and help you understand your rights.

Statute Of Limitations For Drunk Driving Accidents In Florida

You may not feel like talking to an attorney immediately after your accident. However, it is important to understand that waiting too long could mean you cannot recover the compensation you deserve.

Florida’s statute of limitations provides a two-year period for filing most personal injury claims. Essentially, this means you have up to two years from the date of your accident in which to file a personal injury lawsuit. However, there are certain circumstances which can shorten this time frame.

Engaging experienced FL drunk driving accident lawyers sooner rather than later can help your legal team build a stronger case for you, by making it easier to gather relevant evidence to support your claim. Your attorneys will help you understand time limits applicable to your case, so you can make decisions without added time pressure.

Let Our Florida DUI Accident Attorneys Help You Recover

If you were injured in a Florida DUI accident or if a loved one died from injuries sustained in a DUI accident, you need a skilled attorney on your side. While filing a legal claim cannot turn back time and erase the accident, your lawyer can help you pursue justice and hold the negligent party responsible for their actions.

The DUI accident lawyers in Florida at Scott Marshall Injury Attorneys have helped many DUI accident victims recover compensation for their losses, helping them move on with their lives.

FAQ: Florida DUI Accident Claims

Q.What mistakes should I avoid after a DUI accident in Florida?

Avoiding critical errors after a DUI accident can make or break your personal injury case. Do not admit fault at the scene or post about the crash on social media. Skipping medical treatment or giving a recorded statement to the insurance company without legal advice can jeopardize your claim. Your DUI personal injury lawyer can help ensure these common missteps don’t impact your ability to recover.

Q.Can I sue a drunk driver, and how is liability proven in a Florida DUI case?

Yes. A drunk driving accident lawsuit can move forward even if the impaired driver isn’t convicted. Florida’s civil courts require only a preponderance of evidence, not proof beyond a reasonable doubt. Your attorney may use BAC test results, officer reports, dashcam video, or field sobriety findings to prove liability. These facts are essential for demonstrating negligence in alcohol-related crash injuries.

Q.What compensation is available after a DUI crash, and who pays?

You may recover damages for medical expenses, property repairs, lost wages, and emotional suffering. Punitive damages may also be awarded in cases involving gross misconduct. Compensation can come from the impaired driver’s insurer, your own policy, or a dram shop case in Florida.

Q.How long do DUI accident cases usually take to resolve in Florida?

The time frame varies. Straightforward cases may settle in four to six months, while complex matters, such as a claim involving multiple parties or a commercial establishment, can take a year or longer. The average case duration depends on injury severity, clarity of liability in drunk driving accidents, and cooperation from insurance providers.

Q.When can bars be held responsible for DUI accidents in Florida?

Under Florida’s dram shop law, an establishment may be held liable if it knowingly served alcohol to a minor or to someone habitually addicted. These third-party claims are more complex and require evidence such as surveillance footage, receipts, or witness statements. Our attorneys will evaluate whether the venue’s actions contributed to the crash and explore filing a case.

Q.What if I was partially at fault in the DUI accident?

Florida uses a modified comparative negligence rule, allowing you to seek damages as long as you're not more than 50% at fault. Even if you were speeding or distracted, the other driver’s intoxication may place them primarily at fault. An experienced DUI lawyer can present evidence to reduce your liability and support your personal injury claim.

Q.What if a loved one died in a DUI accident in Florida?

If a family member died from alcohol-related crash injuries, you may be eligible to file a wrongful death claim. Survivors may recover compensation for funeral expenses, lost companionship, and emotional anguish. The statute of limitations for DUI injury in Florida is two years.

Q.Can I file a DUI injury claim if the at-fault driver wasn’t convicted?

Yes. Even without a criminal conviction, civil claims can succeed. Your claim will rely on crash evidence, medical records, and witness statements. A skilled attorney can show that the driver’s negligence caused your injuries.

Q.Are DUI accident cases in Florida eligible for punitive damages?

They can be. Punitive damages are awarded in situations involving gross negligence or willful misconduct, such as extremely high BAC or repeat offenses. Top DUI accident lawyers understand when these damages apply and how to pursue them effectively as part of your compensation for DUI accident Florida.

Q.Let Scott Marshall Injury Attorneys Help You Move Forward

If you were injured by drunk driver in Florida, you need a team that understands how to file and litigate a Florida DUI accident claim. Whether you need help with a drunk driver accident lawsuit or guidance on an insurance claim, our DUI personal injury lawyers are here to support you. Schedule a consultation today with a car accident lawyer at our firm and get the legal help you deserve.

Contact Scott Marshall Injury Attorneys today with any questions or to schedule your free, no-obligation consultation with a knowledgeable DUI attorney.