Being hit by a drunk driver is one of the most preventable types of accidents there is. When someone chooses to get behind the wheel while impaired and injures you or a member of your family, they bear full responsibility for that choice and for the consequences it creates.
At Lucas, Macyszyn & Dyer, Injury Lawyers, we represent victims of drunk driving accidents throughout Tarpon Springs. Drunk driving cases often allow victims to pursue compensation beyond standard injury damages, including punitive damages designed to punish the at-fault driver for reckless conduct. We fight to make sure you recover everything you are owed. Contact us today for a free consultation.
When a drunk driver injures someone, two separate legal processes can follow. The state may bring criminal charges against the driver for DUI. Separately, the injured victim has the right to file a civil personal injury claim to recover compensation for their losses.
These are independent proceedings. You do not need to wait for the criminal case to resolve before pursuing your civil claim. In fact, waiting can work against you — evidence can disappear, witnesses’ memories fade, and Florida’s statute of limitations requires action within a defined timeframe. A criminal conviction for DUI is powerful evidence in your civil case, but a civil claim can succeed even if the driver is not convicted or the charges are reduced.
Florida law allows victims of drunk driving accidents to pursue punitive damages in addition to compensatory damages. While compensatory damages cover your actual losses, punitive damages are intended to punish the at-fault driver for conduct that goes beyond ordinary negligence and to deter similar behavior.
Under Florida Statute Section 768.736, a defendant who was operating a vehicle with a blood alcohol level of 0.08 or higher at the time of the accident is presumed to have acted with willful and wanton disregard for the safety of others. This presumption makes it significantly easier to establish the grounds for punitive damages in drunk driving cases than in standard negligence claims.
Punitive damages are capped at three times the compensatory damages awarded or $500,000, whichever is greater, with exceptions when the defendant had a prior DUI conviction or when the BAC was 0.18 or higher.
In some drunk driving cases, liability extends beyond the driver to the establishment that served them alcohol. Under Florida’s dram shop law (Florida Statute Section 768.125), a bar, restaurant, or other vendor may be held liable for injuries caused by an intoxicated person if:
Florida’s dram shop liability is narrower than some other states, but when it applies it can significantly increase the available compensation — particularly when the driver’s own insurance limits are insufficient to cover serious injuries. Our attorneys investigate every potential source of liability in drunk driving cases.
Alcohol affects driving performance in multiple ways that directly cause accidents:
Victims of drunk driving accidents may pursue both compensatory and punitive damages. Compensatory damages include:
Punitive damages, available in addition to the above, are determined by the court based on the egregiousness of the driver’s conduct and Florida’s statutory caps.
When you work with LMD, you get:
If a drunk driver injured you or a family member in Tarpon Springs, contact Lucas, Macyszyn & Dyer, Injury Lawyers today for a free case evaluation. We will pursue every avenue of compensation available to you, including punitive damages and any applicable third-party liability.
(727) 849-5353