How Do I Recover Compensation for Injuries Caused by a Drunk Driver in FL?

Reviewed by Elizabeth W. Finizio, Esq.

When you’re involved in an accident in Broward County, the last thing you expect when you try to exchange insurance information with the other driver is for them to be visibly intoxicated. Unfortunately, these accidents are incredibly common in the Miami metropolitan area and across Florida, so understanding how to proceed if you’ve been struck by a drunk driver is critical. The following blog explores what you should know about these difficult matters and why working with a Broward County auto accident attorney is in your best interest to fight for the compensation you deserve.

How Do You Recover Compensation After a Florida Drunk Driving Accident?

Recovering compensation after a drunk driving accident in Florida involves documenting the crash, proving intoxication and subsequent negligence, and filing a claim against the driver for damages. Because this act is considered negligence per se, victims may have a stronger legal claim when seeking compensation.

Compensation Process

• Report the accident and ensure suspected intoxication is documented by the police
• Seek immediate medical attention and keep all treatment records
• Gather evidence, including photos, witness statements, and police reports
• Prove the driver violated DUI laws and ultimately caused your injuries
• File a claim to recover compensation for damages

Florida Dram Shop Laws and Social Host Liability

In many states, including Florida, dram shop laws exist to give those injured by drunk drivers additional legal recourse to hold the establishments that served them alcohol prior to causing a collision partially responsible. However, these laws in Florida are more limited than those in other states, as in accordance with Florida law, dram shop laws are only applicable if the establishment:

• Willfully and unlawfully served a minor under the legal drinking age, OR
• Served alcohol to an individual known to be habitually addicted

Similarly, if the driver became intoxicated at a private party rather than a commercial venue, this falls under social host liability. In Florida, you generally cannot hold a private party host liable for damages caused by an adult guest who consumed alcohol on their premises. The sole exception to social host liability occurs if the host provided alcohol to a minor. Navigating these complex third-party liability rules requires extensive legal analysis to identify all potential avenues for compensation.

What Should I Do After an Accident With a Drunk Driver?

If you are involved in an accident with a driver whom you believe to be under the influence, understanding how to proceed is critical. These accidents can be catastrophic, so protecting yourself is vital. You should immediately contact the police to report the accident and request medical attention, even if you feel okay after the collision. When on the phone with the police, you should inform them of your suspicions regarding the other driver’s intoxication. This helps ensure they can adequately assess this matter when they arrive on the scene.

Steps to Take After a Drunk Driving Accident

• Call 911 to request police and medical assistance at the scene
• Inform the dispatcher that you have reason to believe the driver is intoxicated and communicate all sustained injuries clearly so EMTs can respond efficiently
• Seek immediate medical care, even if injuries seem minor or you feel fine
• Stay at the scene, protect yourself, and do not confront the driver
• Follow all instructions from law enforcement

How to Gather Evidence at the Scene

• Take photos and videos of the scene (if you are physically able to)
  • The damage to all vehicles
  • Your visible injuries
  • Road conditions and the positioning of each car
• Collect information
  • Gather the contact information of witnesses who may be able to provide statements corroborating your account of the accident and providing additional information about the collision
  • Obtain the other driver’s contact and insurance details
• Note signs of intoxication
  • Slurred speech
  • Glassy or bloodshot eyes
  • Erratic behavior
  • Smell of alcohol

Why Drunk Driving Accidents are So Dangerous in Florida

Unfortunately, drunk driving accidents are incredibly dangerous, as drivers have reduced reaction times, poor judgment, and decreased coordination. As such, these can significantly increase the likelihood of a serious, if not fatal, collision, especially during high-risk periods, like the holidays or late nights.

Key Facts About Drunk Driving Cases and High-Risk Holidays

• Around 32% of fatal accidents involve alcohol on average, but this rate spikes dramatically during holiday periods.
• Holiday periods, like New Year’s, Memorial Day, and the Fourth of July, see higher crash rates.
• Unfortunately, Labor Day weekend poses a unique hazard, as nearly 40% of all traffic fatalities that occur over the three-day period, beginning Friday afternoon and ending at 11:59 pm on Monday, are the result of drunk driving
• New Year’s Eve represents one of the most dangerous 18-hour windows of the year, typically beginning at 6:00 p.m. on New Year’s Eve and lasting until 6:00 a.m. on New Year’s Day. Data shows that 37% to 40% of fatal accidents involve a driver under the influence, which is generally three times the national average for the rest of the year.
• Alcohol impairment increases risky behavior and slowed reaction times, which can result in serious collisions.

How Can I Fight For Compensation?

Proving liability after an accident can be incredibly challenging. Aside from gathering evidence, one of the most important things you can do following a collision is to connect with an experienced attorney. Your lawyer can help organize your case to fight to show that the other driver should be held liable for the damages they inflicted. Even though holding a drunk driver accountable is generally more straightforward than a traditional accident claim due to criminal charges, accurately calculated values for long-term damages can still be highly complex to determine independently.

Understanding Negligence Per Se in Florida

• Drunk driving is a violation of Florida Law
• This act automatically results in a presumption of negligence. When a driver is arrested and charged with driving under the influence following a collision, it constitutes negligence per se. This means the reckless act of driving while inebriated is legally recognized as negligent in and of itself, meaning no further convoluted evidence is required to prove they breached their duty of care.
• You must show:
  • The driver violated DUI laws
  • The violation led to your injuries
• This makes pursuing liability earlier and more effectively than standard accident cases

Potential Recoverable Compensation

• Medical expenses
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Long-term disability
• Loss of enjoyment of life
• Permanent scarring and disfigurement

Contact a Broward County Personal Injury Attorney Today

Being involved in an accident with a drunk driver can be incredibly devastating, as you may sustain a number of life-altering injuries. If you’ve been injured, connecting with an experienced personal injury attorney as soon as possible is in your best interest. At the Finizio Law Group, we understand how difficult these matters can be to navigate, especially when trying to heal from the injuries you’ve endured. That’s why our legal team is dedicated to fighting for the justice you deserve. Contact us today to learn how we can assist you today.