Drunk Driving Accidents Protecting Your Rights Throughout Florida

Miami Drunk Driving Accident Lawyers

Intoxicated individuals put lives at risk when they decide to get behind the wheel, and victims’ lives change drastically because of that poor judgment. Car accidents involving drunk or otherwise impaired drivers can lead to severe injury and death, claiming thousands of innocent lives every single year.

Victims of drunk driving accidents deserve the best legal support and advocacy in the courtroom. We will provide expert representation to ensure a victim receives the compensation he or she deserves. We have considerable experience representing victims of drunk driving accidents.

Our small caseload ensures that each case receives personal attention from consultation to settlement. Dial (305) 638-4143 or complete our online form to get started on your case.

Drunk Driving Laws in Florida

To win compensation in a personal injury case, the victim must prove that the other person involved was acting carelessly or negligently. Driving under the influence of alcohol or drugs is a form of negligence. According to Florida Statute 316.193(1), a driver with a blood alcohol content (BAC) of 0.08% is too drunk to drive. If a driver is under the influence of a controlled substance such as meth or heroin, he or she is also subject to impaired driving laws.

Under statute 316.193(2), a drunk driving incident that does not result in injury, property damage, or death is punishable by:

  • A fine between $500 to $1,000 and imprisonment up to six months for a first conviction;
  • A fine between $1,000 to $2,000 and imprisonment up to nine months for a second conviction; and
  • Additional punishment, including felony charges, increased prison time, and heavier fines for further convictions.

Consequences are more serious if the driver has a BAC of 0.15%, a child is present, or the accident involves property damage, injury, or death. A drunk driver can face first-degree misdemeanor or a first- and second-degree felony charges based on the severity of the accident and prior offenses. Killing or seriously injuring another person will increase the punishment.

Who Is Liable?

Under statute 316.193, a driver with a BAC of 0.08% or higher is liable for a drunk driving accident that results in injury, property damage, or death. The driver is also liable if he or she was under the influence of drugs or other controlled substances during the accident. According to Florida statute 324.021, also known as Florida’s Financial Responsibility Law, drivers who are involved in accidents that result in injury, property damage, or death must have full liability insurance coverage.

The minimum amounts of this coverage are:

  • $10,000 of bodily injury liability per person
  • $20,000 of bodily injury liability per crash
  • $10,000 of property damage liability per crash
  • $10,000 of personal injury protection limits per person per crash

The victim will first need to file a claim with his or her insurance company before filing a claim with the driver’s insurance company. This is because Florida is a no-fault car insurance state. If the injuries are severe, the victim can then file a claim with the at-fault driver’s insurance company or file a lawsuit with the help of an experienced lawyer.

Why Do You Need a Lawyer?

Statute 324.021 requires insurance companies to provide compensation to victims of drunk driving accidents, but these companies can lowball victims if they do not have legal representation. Hiring an experienced lawyer will ensure that the victim receives the compensation he or she deserves.

The Miami attorneys at Flanagan & Bodenheimer Personal Injury and Wrongful Death Law Firm are highly skilled in drunk driving accident cases and will work tirelessly to ensure our clients receive the compensation they deserve.

Call us today at (305) 638-4143 to schedule your free consultation at our office in Miami, your home, or your hospital room.

Flanagan & BodenheimeR

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  • When It Counts™

    An injury can turn your life upside down. When it matters most to you, it matters most to us. Trust our team of dedicated attorneys to effectively and efficiently advocate on your behalf.

  • Dedicated Counsel

    Our skilled attorneys take the time to meet with you one on one to understand your case and your goals. Unlike others we don't just care about your compensation, we care about your recovery.

  • Transparency Throughout

    Our team understands that you are going through something difficult and we have made it our mission to walk alongside you and provide you with all of your legal options.

  • Innovative Strategies

    When you work with our team, you have a dedicated group of attorneys all motivated to help you win. At our firm we believe each case is unique, and thus deserves a unique legal plan.

    From day one, Zachary worked my case with diligence, professionalism & compassion.

    “When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, ...”

    - Josh N.
    It is because of your help that I am in a better position now than I was before.

    “I felt always that you had my best interests at heart and looked out for me. Thank you team you have changed my life and I think of you with gratitude.”

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    He took the reins and made everything so easy for me.

    “As a personal injury lawyer, he is one of the most intelligent, caring, and committed professionals I have ever had the pleasure of working with. Zach personally guided me every step of the way, through insurance companies, doctors, etc.”

    - Lisa C.

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