Florida Drunk Driving Victim Lawyers

Drunk driving crashes are not “accidents.” They are entirely preventable, reckless, and violent crimes that demonstrate a complete disregard for human life. When someone chooses to drink to the point of impairment and gets behind the wheel of a 4,000-pound vehicle, they are knowingly gambling with the lives of innocent families. The only difference between a DUI crash causing a minor injury and one causing a tragic fatality is often pure, terrifying chance.

If you or a loved one were hit by a drunk driver, the criminal justice system is only half of the battle. While the State Attorney seeks to put the driver behind bars, you may need a dedicated advocate to fight for your financial and physical recovery. At the Law Offices of Jason Turchin, we have a deep background in Crime Victim’s Rights. We can aggressively pursue civil justice against drunk drivers, the bars that over-served them, and the insurance companies that try to shield them.

👉 Call (800) 337-7755 today or use our live chat for a free, strictly confidential consultation. You won’t pay any attorney’s fees or out-of-pocket costs unless we win or settle your case.

The Difference Between the Criminal and Civil DUI Cases

Many victims mistakenly believe that if the drunk driver is arrested and convicted in criminal court, they will automatically be compensated for their injuries. Unfortunately, this is not how the Florida justice system typically works.

• The Criminal Case: Handled by the State Attorney. The goal is to punish the offender through jail time, license suspension, and fines. In the criminal case, you are simply considered a “witness” for the State. While the judge may order criminal restitution, it rarely covers the lifetime cost of severe injuries or wrongful death.
• The Civil Case: Handled by your private personal injury attorney. In the civil case, you are the client. Our singular goal is to secure maximum financial compensation to make you whole again. We can pursue civil action simultaneously with the criminal case, and we can win your civil case even if the drunk driver manages to beat their criminal charges on a technicality.

Florida’s Dram Shop Law: Holding Bars and Restaurants Accountable

Can you sue the bar or restaurant that served the drunk driver?

In Florida, the answer is complex. Under Florida Statute § 768.125 (known as the Dram Shop Law), a business that sells alcohol is generally not liable for the actions of an intoxicated patron. However, there are two major exceptions where a bar, nightclub, or restaurant can be held financially responsible:

1. Serving a Minor: If the establishment willfully and unlawfully sells or furnishes alcohol to someone under the age of 21 who then causes a crash.
2. Serving a Habitually Addicted Person: If the establishment knowingly serves alcohol to a person who is “habitually addicted” to the use of alcoholic beverages.

Proving “habitual addiction” often requires heavy investigation. Our legal team may subpoena credit card receipts, bar tabs, surveillance video, and testimony from bartenders if a lawsuit is filed to help prove that the establishment knew the driver was an alcoholic but continued to serve them anyway to make a profit.

Punitive Damages: No Caps for Drunk Driving

In a standard car accident, compensation is designed to pay for your medical bills, lost wages, and pain and suffering (known as compensatory damages). However, because drunk driving is a conscious, reckless act, Florida law allows victims to seek Punitive Damages.

Punitive damages are designed explicitly to punish the wrongdoer and deter others from making the same deadly choice. Furthermore, while Florida normally places a strict financial cap on how much can be awarded in punitive damages, Florida Statute § 768.736 specifically removes the cap in cases involving intoxication. If the driver had a Blood Alcohol Content (BAC) of 0.08 or higher, or was impaired by drugs, there is typically no limit to the punitive damages a jury can award.

How to Get Compensation If the Drunk Driver Is Uninsured?

A disturbing reality in Florida is that many drunk drivers operate their vehicles without valid licenses or adequate insurance coverage. If you are hit by a driver with minimal or no bodily injury coverage, our firm can search for every available avenue of recovery, including:

• Uninsured/Underinsured Motorist (UM) Coverage: We can file a claim against your own auto insurance policy to cover the damages the drunk driver cannot pay. Filing a UM claim should not raise your insurance rates if you were not at fault.
• Vehicle Owner Liability: Under Florida’s “Dangerous Instrumentality Doctrine,” if the drunk driver was borrowing a friend’s or family member’s car, we can sue the owner of the vehicle for negligently entrusting it to an impaired person.
• Employer Liability: If the drunk driver was operating a company vehicle or was in the course of their employment, we can hold their corporate employer vicariously liable for the crash.

Fatal DUI Crashes: Florida Wrongful Death Claims

When a family loses a parent, child, or spouse to a drunk driver, the emotional devastation is often incomprehensible. At the Law Offices of Jason Turchin, we can handle the entire legal burden so the family can grieve in peace.

Because we work with probate attorneys, we can team up with them to try and immediately open the victim’s estate and appoint a Personal Representative-a required legal step before a Florida wrongful death lawsuit can be filed. We can pursue compensation for funeral and burial expenses, loss of future earnings, loss of consortium and companionship, and the profound mental anguish suffered by the surviving family members.

Gathering Evidence to Prove a Florida DUI Civil Case

Winning a high-value settlement could require building an undeniable case before we ever set foot in a courtroom. Our drunk driving accident attorney can work to secure:

• Police dashcam and bodycam footage of the failed Field Sobriety Tests.
• Breathalyzer results and blood draw toxicology reports.
• Arrest reports and criminal court transcripts.
• Receipts and credit card statements tracking the driver’s alcohol consumption prior to the crash.
• 911 audio recordings from witnesses who reported the driver’s erratic behavior.
• Vehicle “Black Box” (ECM) data proving the driver failed to brake before impact.

New Florida Law: The 2-Year Deadline

Do not wait for the criminal trial to conclude before contacting a civil lawyer. Due to the recent 2023 tort reform (HB 837), you now have only two years from the date of the crash to file a personal injury or wrongful death lawsuit in Florida. Evidence often disappears quickly; surveillance footage from bars is often deleted within 14 days. If you wait too long, your right to seek financial justice could be permanently barred.

Why Choose the Law Offices of Jason Turchin?

Insurance companies for drunk drivers typically know that juries despise DUI offenders, but they may still try to offer you a lowball settlement before you understand the true value of your case. You could need an attorney who has experience in the courtroom.

• Victim’s Rights Experience: Jason Turchin is a nationally recognized victim’s rights advocate who understands the trauma of violent crimes.
• Over 6,500 Cases Handled: Decades of experience taking on major carriers like GEICO, State Farm, Allstate, and Progressive.
• AV Preeminent® Rated: The highest possible peer-review rating for legal ability and ethics from Martindale-Hubbell.

We can handle civil drunk driving cases in every county in Florida, including Miami, Fort Lauderdale, Tampa, Orlando, Key West, West Palm Beach, and Naples. Call us 24/7 at (800) 337-7755 for a free consultation.

Florida Drunk Driving Accident FAQs