A drunk driving accident can upend your life. If you’ve been injured by a drunk driver, a Miami Gardens car accident lawyer can help you pursue damages.
Since 2013, Blakeley Car Accident & Personal Injury Lawyers has recovered over $250 million for our clients. If you’ve been injured in a drunk driving accident, a drunk driving accident lawyer in Miami Gardens can help you obtain compensation.
Why Hire a Miami Gardens Drunk Driving Accident Lawyer?
If you’ve been involved in a drunk driving accident, a lawyer can:
- Investigate the accident: A lawyer can gather police reports, witness statements, and DUI evidence to build a strong case.
- Prove liability: Legal knowledge is essential to demonstrating that the other driver was intoxicated and at fault.
- Negotiate with insurers: An attorney can counter lowball offers and secure fair compensation for you.
- Represent you in court: If a settlement can’t be reached, your attorney can file a lawsuit and argue on your behalf in court.
A Miami Gardens personal injury lawyer can significantly improve your chances of a favorable outcome.
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How Much Does a Drunk Driving Accident Lawyer Cost in Miami?
The drunk driving accident lawyers at Blakeley Car Accident & Personal Injury Lawyers work on a contingency fee basis, meaning you don‘t pay anything up front, and you only pay your lawyer if you win your case.
Your lawyer’s fee will be a predetermined percentage of your settlement or court award, which you can discuss at your initial consultation.
How Much is My Drunk Driving Accident Claim Worth?
Settlements for drunk driving accidents can range from tens of thousands to millions of dollars. The value of your claim will depend on factors like:
- The severity of your injuries
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain, suffering, and emotional distress
- Property damage
A Miami Gardens drunk driving accident lawyer can make sure you’re adequately compensated.
Types of Damages You Can Recover
In Florida, you can seek a variety of damages after a drunk driving accident, including:
- Medical expenses: You can recover costs for emergency room visits, surgeries, hospital stays, prescription medications, and future medical treatment related to your injuries.
- Lost income: You can be compensated for wages you would’ve earned while recovering and for any loss of future earning capacity.
- Rehabilitation and therapy costs: You can claim expenses for physical therapy, occupational therapy, mental health counseling, and other recovery-related services.
- Property damage: You can receive compensation for the repair or replacement of your vehicle, as well as damage to personal items inside the car at the time of the crash.
- Pain and suffering: You can pursue damages for the physical pain and emotional distress you experienced as a result of the accident.
- Loss of enjoyment of life: You can be compensated if your injuries prevent you from participating in activities or hobbies you once enjoyed.
- Punitive damages: In cases of recklessness or egregious negligence, you can recover additional compensation meant to punish the drunk driver.
A Miami Gardens drunk driving accident attorney can help calculate your damages and make sure you’re compensated for them.
Call or text 800-602-5000 or complete a Free Case Evaluation form
Who Pays for My Damages After a Drunk Driving Accident?
Florida is a no-fault insurance state, which means that after a crash, you must first seek damages through your own insurance company. Your Personal Injury Protection (PIP) insurance will cover your medical bills and lost wages, regardless of who was at fault for the collision.
If your injuries meet the state’s “serious injury threshold,” you can step outside the no-fault system and file a claim against the drunk driver’s insurance or pursue a personal injury lawsuit.
If the at-fault driver is uninsured or underinsured, your own uninsured motorist (UM) coverage may help cover your damages. A drunk driving accident attorney in Miami Gardens can help you explore all available sources of compensation.
Can a Third Party Be Liable for a Drunk Driving Accident?
Yes. In some cases, third parties may be partially liable for a drunk driving accident. Under Florida’s “dram shop” law, victims can sue establishments or individuals who:
- Knowingly served alcohol to a person under 21
- Knowingly served alcohol to someone who was “habitually addicted” to alcohol
This means a bar, restaurant, or party host could be held accountable if they irresponsibly served the driver who caused your accident.
Can You Sue a Drunk Driver for a Car Accident in Miami Gardens?
Yes. If you suffer serious injuries or significant property damage in a drunk driving accident, you have the right to sue the drunk driver for negligence. A lawyer can help you file a personal injury lawsuit and demand compensation for your losses.
Even if the driver is facing criminal charges, a civil lawsuit is a separate process that may result in a substantial financial award.
Can I Sue a Drunk Driver Who Hit My Parked Car?
Yes. If a drunk driver crashes into your parked vehicle, you may be able to file a property damage claim or lawsuit against them. If you were in or near the car and suffered injuries, you could also pursue personal injury damages.
Even if you weren’t injured, you may be entitled to compensation for:
- Auto repair or replacement costs
- Rental car expenses
- Diminished value of your vehicle
For a free legal consultation with a drunk driving accident lawyer serving Miami Gardens
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How Much Can I Sue a Drunk Driver For?
There is no cap on the amount you can sue for in a Florida drunk driving accident claim. The exact figure you should pursue will depend on factors such as:
- The severity of your injuries: More serious injuries typically result in higher medical costs, longer recovery times, and greater pain and suffering.
- The cost of your medical treatment: This includes both past and future expenses for emergency care, surgery, and rehabilitation.
- Lost income and reduced earning potential: If you missed time at work or can no longer earn at the same level, you can pursue compensation for it.
- The impact on your quality of life: If the accident affected your ability to enjoy hobbies, perform daily activities, or maintain relationships, this can increase your claim’s value.
- The amount of property damage: The cost of repairing or replacing your vehicle and any other personal property damaged in the crash will be considered.
- Whether punitive damages apply: If the drunk driver acted with extreme recklessness, you may be awarded punitive damages.
A Miami Gardens drunk driving accident lawyer can assess your case and help determine what a fair settlement looks like.
How Long Do I Have to File a Drunk Driving Accident Lawsuit in Florida?
Florida law generally gives you two years from the date of the accident to file a personal injury lawsuit. If you fail to file within this window, you may be barred from recovering compensation.
A car accident lawyer in Miami Gardens can make sure you file your lawsuit on time.
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Can I File a Claim if I Was Drunk?
It depends. According to Florida’s comparative negligence rule, even a driver who was intoxicated at the time of the crash can file a personal injury claim as long as they are no more than 50% at fault. However, in that scenario, your compensation would be reduced by your percentage of fault.
According to Chapter 768 of Florida state law, if you’re found to be more than 50% at fault for the crash, you will not be able to recover damages.
Does Insurance Cover an Accident if You Were Drunk?
Yes, but with limitations. If you were intoxicated and caused the accident, your insurance company may still provide liability coverage up to your policy’s limits. However, they may refuse to cover your damages, and your rates will likely increase significantly.
Am I Liable if Someone Drives My Car Drunk?
In some cases, yes. Florida law allows for vicarious liability in certain situations, which means that if you knowingly allow someone who’s intoxicated to drive your car, you could be held partially liable for any damages they cause.
You may also be held responsible if the driver is unlicensed or if they have a known history of DUI offenses. This is known as negligent entrustment.
How Common are Drunk Driving Accidents in Miami Gardens?
Drunk driving remains a serious problem across Florida, and Miami Gardens is no exception.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), thousands of alcohol-related crashes occur annually in Florida, and hundreds of them happen in Miami. These collisions often involve:
- High speeds
- Wrong-way driving
- Nighttime collisions
- Serious or fatal injuries
Common Causes of Drunk Driving Accidents
Drunk driving crashes are often the result of impaired judgment, slowed reflexes, and poor decision-making. Some of the most common causes include:
- Speeding
- Running red lights or stop signs
- Swerving or drifting between lanes
- Driving the wrong way on one-way streets or highways
- Tailgating or following too closely
- Distracted driving
- Falling asleep at the wheel
- Reckless or aggressive driving
Common Injuries in Drunk Driving Accidents
Drunk driving accidents often lead to serious injuries, such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal bleeding and organ damage
- Whiplash and other neck injuries
- Back injuries
- Lacerations and deep cuts
- Burns from fires or explosions
Penalties for Drunk Driving in Florida
Florida imposes strict penalties on those convicted of driving under the influence, especially if the crash results in injury or death. Penalties may include:
- Thousands of dollars in fines
- Driver’s license suspension
- Mandatory DUI school and substance abuse treatment
- Ignition interlock device installation
- Jail or prison time (particularly for repeat offenders or if serious bodily injury occurred)
- Felony charges in cases involving death or multiple offenses
What to Do After a Drunk Driving Accident
If you’re involved in a drunk driving crash, take these steps to start building a strong case:
- Call 911: Report the accident and, if necessary, request medical assistance.
- Document the scene: Take photos of property damage, injuries, road conditions, and vehicle positions.
- Exchange information: Trade contact information with any witnesses present at the scene.
- Seek medical attention: Even if your injuries seem minor, get evaluated to document your condition.
- Do not admit fault: Don’t speculate or discuss fault with anyone at the scene or anyone from the insurance company. Even a casual apology can be used against you.
- Contact a lawyer: Reach out to a drunk driving accident lawyer to discuss next steps.
Contact a Drunk Driving Accident Attorney in Miami Gardens
You shouldn’t have to pay for someone else’s decision to drink and drive. If you’ve been on the wrong end of a drunk driving accident, a Miami Gardens drunk driving accident attorney from Blakeley Car Accident & Personal Injury Lawyers can help you maximize your compensation.
Schedule a free consultation to learn about how you can achieve justice.
