Hit by a Drunk Driver in Florida? Your Rights and Next Steps
Being hit by a drunk driver is different from an ordinary car accident. Someone made a choice to break the law and put your life at risk—and Florida law gives you powerful options to hold them accountable. If you or a loved one was injured by a drunk driver in Florida, here is what you need to know about your rights and the steps that protect your claim.
What to Do After a Drunk Driving Accident
- Call 911 immediately. Report the crash and tell the dispatcher you suspect the other driver is impaired. A police officer can conduct a DUI investigation at the scene.
- Get medical care. Seek treatment right away—both for your health and to document your injuries under Florida’s 14-day PIP rule.
- Document everything. Photograph the scene, the vehicles, and your injuries. Note anything you observed about the other driver’s behavior.
- Get witness information. Witnesses who saw the other driver swerving or acting impaired can be crucial to your case.
- Do not confront the driver. Stay safe, and let the police handle the impaired driver.
- Call an attorney before the insurance company. Drunk driving claims can be worth significantly more, and an attorney protects that value.
Can You Sue a Drunk Driver in Florida?
Yes. Florida is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays first, regardless of who caused the crash. But when a drunk driver causes serious injury, you can step outside the no-fault system and file a claim directly against the at-fault driver for your full damages—including pain and suffering.
Punitive Damages: A Key Difference in Drunk Driving Cases
In most accident cases, you can recover compensatory damages—money for medical bills, lost wages, and pain and suffering. But drunk driving is different. Because driving while impaired is considered intentional misconduct or gross negligence, Florida law may allow punitive damages—additional money meant to punish the drunk driver and deter others. This can substantially increase the value of your claim.
What Compensation Can You Recover?
- Medical bills, including future treatment
- Lost wages and reduced earning capacity
- Pain and suffering and emotional distress
- Property damage
- Punitive damages, in appropriate cases
- In fatal crashes, wrongful death damages for surviving family members
Dram Shop Liability in Florida
In limited situations, Florida law may also hold a bar or vendor responsible—for example, if they knowingly served alcohol to a minor or to a person habitually addicted to alcohol who then caused the crash. An experienced attorney can investigate whether a third party shares responsibility.
Talk to a Miami Drunk Driving Accident Lawyer
Drunk driving cases involve criminal and civil components, insurance companies, and sometimes multiple responsible parties. Our Miami personal injury attorneys handle these cases in English and Spanish, and you pay nothing unless we win. Call Alfredo J. Rubio Law, PLLC at 1-844-PODEMOS for a free consultation.
Frequently Asked Questions
Can I sue a drunk driver if I already received PIP benefits?
Yes. PIP pays your initial medical bills and lost wages regardless of fault, but if your injuries are serious, you can still file a separate claim against the drunk driver for pain and suffering and other damages beyond PIP limits.
What are punitive damages in a Florida drunk driving case?
Punitive damages are extra compensation awarded to punish especially reckless conduct, such as driving while intoxicated. They go beyond your actual losses and can significantly increase a settlement or verdict.
How long do I have to file a claim after a drunk driving accident in Florida?
Florida’s statute of limitations for most negligence-based injury claims is two years from the date of the accident. It is best to speak with an attorney early so evidence—like the DUI investigation—can be preserved.
What if the drunk driver had no insurance?
You may still recover through your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. An attorney can identify every source of compensation available to you.
