Obtained Over $1 Billion in Settlements & Trial Verdicts
Miami Attorneys Committed to Fighting for the Rights and Interests of Victims Injured by Drunk Drivers
Auto accidents are the cause of far too many serious injuries in Florida. According to data provided by the Florida’s Interchanged Report Exchange System (FIRES), 395,494 car accidents were reported in the state in the year 2016 alone. Collectively, these crashes resulted in more than 250,000 injuries, many of which were extremely severe, even life altering. Miami-Dade County sees more than its fair share of highway collisions, with nearly 34,000 car accident injuries sustained in the county in 2016.
Car accident victims deserve full compensation for their damages. Unfortunately, holding the at-fault driver liable for your accident can be challenging. The big insurance companies are always looking out for ways to limit a victim’s financial recovery, sometimes even denying valid claims outright. This is where our experienced Miami car accident lawyers can help. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we are committed to helping injured victims fight for justice and the fair compensation they rightfully deserve.
Contact Dolan Dobrinsky Rosenblum Bluestein Today
You Deserve Justice
Proving Liability in a Florida Drunk Driving Accident Case
Similar to other Florida personal injury claims, drunk driving accident injury lawsuits are typically brought under Chapter 768.81 of the state’s legal code. This is Florida’s comparative negligence statute. Drunk driving is a particularly egregious example of negligent driving. The drunk driver who caused your accident will likely be charged with a serious criminal offense. Still, it is very important to understand that a criminal case and your drunk driving accident claim (the civil case) are two entirely separate legal actions.
To put it another way, any criminal trial will not result in you getting the full compensation you deserve. You need to work with a qualified Miami DUI accident attorney who can use information from the criminal side of the case to help you pursue full financial compensation through taking civil action. Ultimately, the first step in any drunk driving accident case is proving liability. Without this step, the responsible insurance company will not pay you the compensation that you are entitled to under the law.
Injured Victims Deserve Full Compensation
Drunk driving accident victims are entitled to financial relief for the full value of their damages. Recovery is available for both monetary losses and for intangible, non-economic damages. That being said, obtaining fair accident compensation is never easy. Even in DUI accident injury cases, the big insurance companies chronically undervalue victims’ claims. We help drunk driving accident victims fight back. Our Florida DUI accident lawyers know how to hold defendants and their insurers accountable. We can help victims seek compensation for:
- Vehicle damage;
- Emergency room and ambulance costs;
- All other medical bills;
- Rehabilitation-related expenses;
- Long-term disability;
- Lost income, including diminished earning capacity;
- Pain and suffering;
- Mental Distress;
- Disfigurement;
- Loss of limb;
- Loss of lifestyle enjoyment; and
- Wrongful death.
Additionally, in drunk driving crash cases, victims can sometimes seek punitive damages from the at-fault party. Punitive damages are meant solely to punish the bad actions of the intoxicated driver, and they are not tied to directly to any specific “loss” that the victim suffered. Still, punitive damages awards can be substantial. Victims need to push for full recovery to protect their family and to disincentivize drunk driving, thereby promoting public safety.
Contact Dolan Dobrinsky Rosenblum Bluestein Today
You Deserve Justice
How Drunk Driving Accidents are Different From Other Florida Car Crashes
While not all DUI violations result in accidents, an alarming number do, leaving the victims to struggle with serious injuries. Those who choose to drive while drunk and who cause accidents as a result, can and should be held liable for their actions.
Criminal vs Civil DUI Cases
Most car accident cases fall squarely under the purview of the civil courts, with injured parties seeking damages from the at-fault parties by attempting to prove negligent conduct. DUI cases are a bit different, as drunk drivers may also end up facing criminal charges, and if convicted, could be fined and imprisoned. The results of the criminal case will not, however, result in any compensation for the victim. To recover damages, the victim will still need to file a civil case against the drunk driver.
DUI Damages
After typical car accidents, injured parties are often awarded compensatory damages, which include reimbursement for medical bills, lost income, out-of-pocket costs, property damage, and pain and suffering. After a DUI-related collision, however, an injured party is also more likely to receive a punitive damages award, or an amount that is specifically designed to punish a defendant for particularly egregious behavior, like driving while intoxicated.
Potential Third Party Liability
With most car accidents, injured victims attempt to seek compensation only from the at-fault driver who caused the crash, unless the collision involved multiple vehicles or a vehicle defect. For a DUI accident case, however, the person who actually drove drunk and caused the crash may not be the only one held legally responsible for the accident. For instance, under Florida law, a commercial seller of alcohol, like a bar or a restaurant that over-served a driver can also be held liable for a resulting collision if:
- The person or business willfully stole or gave alcoholic beverages to someone under the age of 21 years old; or
- The person or business knowingly served a person who was habitually addicted to alcohol.
Plaintiffs who can successfully demonstrate that a third party satisfies these elements could be entitled to a greater damages award, not only from the driver, but also from the individual or business who served that person. For help determining whether this type of third party liability applies in your own case, please reach out to our office today.
You Can Always Afford Our Top-Rated Miami Drunk Driving Accident Lawyers
Following a serious auto accident, many victims worry that they will not be able to obtain high quality legal assistance. Fortunately, no matter your financial circumstances, you can always afford our attorneys. Our firm is committed to helping injured victims get justice. We take on all DUI accident injury claims on a contingency fee basis. In other words, we do not charge clients upfront, and there are no out-of-pocket fees. We only get paid if we win your case. Let us help you recover the full compensation you need to pay for your medical treatment and move forward with your life.
CONTACT OUR TEAM TODAY
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we protect the legal rights and financial interests of drunk driving accident victims. If you or a loved one was seriously injured in a DUI accident, please contact our team today to set up a free review of your case. We have offices in Miami and Fort Lauderdale, and we represent accident victims throughout South Florida, including in Palm Beach County and Broward County.
FREE CONSULTATIONJoin Us In Fighting Drunk Driving
Drunk driving is a serious problem in Florida. Between 2003 and 2012, 8,476 people in the state were killed in drunk driving accidents. Florida ranks above the national average in terms of deaths by age and gender. Nationwide, 1.9 percent of people report that they drive after drinking too much. In Florida, that rate is 2.1 percent.
Drunk driving has claimed thousands of innocent lives, and it’s time to take action. As an individual, you can do your part by not drinking and driving. The good news is that you can encourage others as well. You can keep your friends and family members off the road after they have been drinking. You can also report suspicious behavior so you can prevent accidents before they happen.
Reporting Incidents
It can be scary to see a driver acting recklessly, but by reporting it promptly., you can prevent others from getting hurt. Florida has a Star FHP program that allows motorists to report drunk driving, car crashes and other suspicious situations that they may encounter on the roadways. Just dial *347 and report the situation to the operator. It costs nothing and could save a life.
Use of Social Media
Some alcohol manufacturers use social media campaigns to encourage responsible alcohol consumption. For example, MillerCoors uses Facebook to encourage people to drink responsibly. The Bud Light Party Code offers tips in English and Spanish for responsible drinking.
You can use social media as well to encourage your friends. Post messages about partying responsibly. Let others know that you will act a designated driver and drive them home if needed. When people know that they have options, they are less likely to attempt to drive home drunk.
What Else Can You Do to Help?
There are many things you can do to keep intoxicated drivers off the roadways. First, be the designated driver. A good way is to pick up your friends in your car so that they don’t drive to the location and attempt to leave in their own car.
If your friends end up driving separately, talk with them beforehand and let them know the rule: they cannot drive after drinking. You will drive them home afterward and take them to get their cars in the morning.
If the party is at your house, allow guests to sleep over so they don’t feel obligated to go home afterward. If they insist on going home, you can also volunteer to pay for the ride home with a taxi, Uber or Lyft.