Drunk driving is one of the most preventable causes of serious injury and death on Florida roads. When an alcohol-impaired driver gets behind the wheel and causes a crash, the victims are left to deal with injuries, medical bills, lost income, and trauma that can last years. If you or a loved one was injured by a drunk driver in West Central Florida, you have the right to pursue full compensation through a civil claim.
At Lucas, Macyszyn & Dyer, Injury Lawyers, we have represented drunk driving accident victims across West Central Florida for over 20 years. We understand how devastating these cases are, and we know how to build the strongest possible claim on your behalf. Contact us today for your free case evaluation.
According to the Florida Department of Transportation, impaired driving is a factor in approximately one-quarter of all motor vehicle accidents in the state. Nationwide, around 28 people die each day in drunk driving crashes. Alcohol does not just affect a driver’s judgment at the legal impairment limit of .08 BAC; it begins to impair driving ability from the very first drink.
By the time a driver reaches the legal impairment limit, they are already experiencing:
These impairments make drunk driving crashes among the most severe and deadly. Approximately one-third of all traffic fatalities in the United States involve a drunk driver.
Many victims of drunk driving accidents do not realize that the criminal DUI case against the driver and their own personal injury claim are completely separate legal matters. Understanding the difference is important.
The criminal case is brought by the state, not by you. The state must prove the driver was guilty beyond a reasonable doubt. Penalties can include fines, license suspension, probation, and jail time. The focus is on punishing the offender.
Your civil claim is entirely separate. You file it yourself, through your attorney, seeking monetary compensation for your injuries and losses. The standard of proof is lower than in criminal court. Even if the driver avoids criminal conviction or pleads to a lesser charge, you can still pursue and win your civil claim.
The outcome of the criminal case does not determine the outcome of your civil claim. An experienced personal injury attorney can pursue your full compensation regardless of what happens in criminal court.
Because alcohol affects so many of the skills needed for safe driving, virtually any type of crash can result from impairment. Common drunk driving accident types include:
A drunk driver’s inability to control speed, steering, and braking means these crashes often involve severe force. Common injuries include:
The civil claims process for drunk driving accidents typically begins with a demand to the at-fault driver’s liability insurance. The insurer will investigate and either pay the claim, deny it, or make a settlement offer. If the insurer refuses to pay fairly, you have four years from the date of the accident to file a personal injury lawsuit in court.
Compensation in a drunk driving accident claim may cover:
In cases where the drunk driver’s conduct was grossly negligent or intentional, Florida law may allow the court to award punitive damages in addition to compensatory damages. Punitive damages are designed to punish particularly egregious conduct and can significantly increase the total amount recovered.
When a drunk driving accident takes a life, the surviving family members can pursue compensation through a wrongful death claim. These cases follow a similar process to personal injury claims, with a few important differences.
The filing deadline for a wrongful death lawsuit in Florida is two years from the date of the accident, compared to four years for personal injury claims. This shorter deadline makes acting quickly even more critical. A personal representative of the deceased’s estate must file the claim on behalf of eligible family members, which may include a spouse, children, or parents.
Wrongful death compensation may include:
To recover compensation, you must show that the drunk driver was legally at fault for the crash. This means establishing that the driver had a duty to operate their vehicle safely, that they breached that duty by driving while impaired, that the impairment caused the accident, and that you suffered documented losses as a result.
Evidence used to establish liability includes the police report, results of blood or breath alcohol testing, witness statements, surveillance or dash camera footage, and the at-fault driver’s arrest record.
Under Florida law, liability may extend beyond the drunk driver. A bar, restaurant, or other establishment that knowingly served alcohol to an underage driver or to a person they knew was habitually addicted to alcohol may also be held responsible. Similarly, a social host who knowingly provided alcohol to a minor driver may share liability for the resulting crash. Our attorneys investigate all potential sources of liability to maximize the compensation available to you.
Our experienced drunk driving accident attorneys handle every aspect of your case so you can focus on recovering. We will:
Drunk driving victims deserve attorneys who will fight hard and fight smart. When you work with LMD, you get:
If a drunk driver injured you or took a loved one from you, you deserve answers and a clear path forward. Contact Lucas, Macyszyn & Dyer, Injury Lawyers today to schedule your free case evaluation. We will review your situation, explain your rights, and help you understand the full compensation available to you.
We serve clients throughout West Central Florida and we are ready to help.
(727) 849-5353