Were you or a family member involved in an accident with a drunk driver in Miami? They may owe you compensation for medical bills, lost wages, and pain and suffering. Our car accident lawyers at Shaked Law Personal Injury Lawyers have decades of experience handling DUI accidents in Miami, Florida. Call us at (305) 937-0191. We can help you fight for the fair compensation you deserve.
We’ve been passionate about helping accident victims win full financial settlements and verdicts since our founding in 2007. Our hard work has helped clients recover tens of millions of dollars in compensation over the years.
Do you have questions about your rights? Contact our law offices in Miami, Florida, to schedule a free consultation today.
How Shaked Law Personal Injury Lawyers Can Help After a DUI Accident in Miami, FL
Driving drunk is extremely reckless. If a drunk driver hit you, you deserve to hold them accountable. However, it isn’t always easy to get the money you deserve after an accident. You’ll have to fight the insurance company for every penny.
An experienced Miami car accident lawyer at Shaked Law Personal Injury Lawyers can stand up for your rights after your DUI accident. Collectively, we have over 100 years of experience helping accident victims like you recover fair compensation. Our team consists of Board Certified attorneys, Top 100 trial lawyers, and Avvo Top Attorneys. So, we know what it takes to win the meaningful financial compensation you need after a serious injury.
Hiring us means you’ll have a lawyer to:
- Launch a thorough investigation to find evidence to support your claim
- Identify all parties who might be liable for your injuries
- Hire experts and specialists as needed
- Protect you if the drunk driver tries to blame you for the accident
- Negotiate with the insurance company to maximize your compensation award
If you’ve been hurt, our Miami personal injury attorneys will do everything possible to help. Give us a call today to schedule a free case evaluation. We’d be happy to sit down and discuss your case in detail.
How Common Are DUI Accidents in Miami?
DUI violations come with harsh penalties. Still, DUI accidents are extremely common in the United States. According to the National Highway Traffic Safety Administration (NHTSA), about 28 people are killed in drunk driving accidents in the U.S. every day.
Based on car accident statistics, the Department of Florida Highway Safety and Motor Vehicles estimates that around 5,000 car accidents involved alcohol in 2019. These crashes killed over 375 victims and injured thousands more. Over 340 of those DUI accidents occurred in Miami-Dade County alone. Another 136 happened in Broward County.
Other common car accidents in Miami include:
- Distracted driving
- Defective tire accidents
- Head-on crashes
- Highway crashes
- Hit-and-run accidents
- I-95 accidents
- Intersection crashes
- Lane change accidents
- Left-turn crashes
- Multi-vehicle car crashes
- Parking lot accidents
- Rear-end accidents
- Red and yellow light accidents
- Rollover accidents
- Self-driving accidents
- Single vehicle accidents
- Speeding accidents
- SUV rollover accidents
- U-turn accidents
- Uninsured motorists claims
At Shaked Law Personal Injury Lawyers, we can help you fight for the money you deserve after a DUI accident or any car accident.
What is My Miami DUI Accident Case Worth?
Accident victims can hold drunk drivers accountable for their negligent driving by filing a personal injury lawsuit in civil court. This action would be separate from any pending criminal case. Florida personal injury laws give accident victims justice by awarding financial compensation, called damages.
The value of your case depends on several factors, including:
- The severity of your bodily injuries
- The cost of your medical treatment and expenses
- How the injury impacted your work and daily life
- Whether liability has been clearly established
Someone else chose to drink and drive. You deserve to be fully compensated for all damages you’ve suffered as a result of their bad decision. You don’t have to let the insurance company bully you into a lowball settlement.
Our lawyers in Miami are here to fight for the maximum compensation you deserve. All you have to do is call to get started.
What Types of Damages Are Available to DUI Accident Victims in Florida?
If you were injured in a DUI accident in Miami Beach, you’re entitled to recover compensation for your economic damages and non-economic damages.
Economic damages refer to financial losses or out-of-pocket expenses. You can recover the costs you’ve incurred in the past and your anticipated future expenses related to your injuries.
Examples of economic damages include:
- Past and future medical expenses
- Lost wages and income
- Diminished future earning capacity
- Physical therapy, rehabilitation and nursing care
- Property damage
- Any other out-of-pocket costs incurred because of the accident
Non-economic damages are much more personal in nature. You won’t have receipts and records to back up your claim for these damages. You’ll need an experienced lawyer to establish the fair value of your non-economic damages.
Examples of non-economic damages include:
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Permanent physical disfigurement and scarring
- Anxiety, depression, and PTSD
- Loss of consortium
Drunk driving is an intentional act. In rare cases, Florida courts may award punitive damages if the accident happened because of gross negligence or willful behavior. Punitive damages punish the at-fault party for that behavior.
If a drunk driver hurt you, our Miami DUI accident attorneys can help you fight to recover the full compensation you deserve. Just give us a call today for a free case review.
Can I Recover Damages If I’m Being Blamed for a DUI Accident in Miami, Florida?
The state of Florida follows a modified comparative negligence rule. Anyone who contributed to the cause of an accident can be apportioned a percentage of fault. That includes the person who was hurt. If your allocated responsibility is more than 50%, you’ll be barred from recovering compensation for your injuries.
You might not think this would be an issue in a drunk driving case. However, the insurance company may try to blame you for contributing to the cause of the accident.
Let’s say that you were texting and got into an accident with a drunk driver. It’s possible that you could be allocated a portion of the blame in civil court–even if the drunk driver is facing criminal charges. If the court finds you 30% responsible for the crash, you can only take home 70% of your financial settlement. If the court finds you 51% or more responsible, you can’t take home any compensation.
We’ll Fight to Recover Compensation for All of Your DUI Accident Injuries
Drunk drivers can cause serious damage. At Shaked Law Personal Injury Lawyers, we’ll fight to recover compensation for all of your DUI accident injuries, including:
- Brain injuries
- Spinal cord injuries
- Chest injuries
- Back injuries
- Organ damage
- Broken bones
- Nerve damage
- Soft tissue damage
- Catastrophic injuries
- Airbag or seatbelt injuries
- Wrongful death of a loved one
If you’re ready to take legal action, call our Miami drunk driving accident lawyers today to schedule your free case evaluation.
How Do I Prove Negligence After a DUI Accident in Florida?
Driving drunk is a criminal offense in the state of Florida. It’s also a type of negligent behavior. Someone is negligent when they fail to exercise reasonable caution under the circumstances.
We all know that it’s unreasonable to drive while intoxicated. To recover damages, however, you’ll have to prove that a drunk driver was negligent.
The four basic elements of any negligence claim are:
- The responsible party owed you a legal duty of care
- They breached that duty
- The breach caused the accident
- You suffered damages
Drivers in Florida owe others a duty to drive safely and obey traffic laws. Driving drunk is a breach of a driver’s legal duty of care. It’s unsafe and violates Florida driving laws. However, you’ll have to prove that the drunk driver caused the accident and that you suffered damages to win your claim.
Negligence Per Se
A legal theory called “negligence per se” might help your case. If the drunk driver is found guilty of driving under the influence, it’s often easier to establish negligence. Negligence per se means that the other person is presumed negligent for violating a law intended to prevent the type of harm you’ve suffered.
In other words, you may be able to establish liability based on negligence per se if:
- The other driver violated Florida DUI laws
- The DUI laws were intended to prevent the type of harm you suffered
- The DUI laws were intended to protect you
Do you have questions? Our Miami DUI accident lawyers are here to help. Just give us a quick call today to schedule your free case review.
Can Criminal DUI Charges Impact My Personal Injury Case?
After a DUI accident, the drunk driver may be arrested and charged with driving under the influence of alcohol. They could also face counts of vehicular homicide or DUI manslaughter in a fatal crash case.
That doesn’t impact your right to file a personal injury claim or lawsuit for damages.
The burden of proof in a criminal case is different from civil cases. You might be able to recover damages even if the state drops the charges against the drunk driver. If the person is convicted, you can use that as evidence to support your personal injury case.
It’s also possible that your case will be delayed until the criminal proceedings are over. While you may have to wait, your case can resume once the DUI case is over.
How Long Do I Have to File a Lawsuit After a DUI Accident in Florida?
The Florida statute of limitations in personal injury cases is two years. That means you’ll have two years from the date of the accident to file a personal injury lawsuit.
Once the two-year deadline has passed, you forfeit your right to compensation.
The Florida statutory deadline used to be four years, giving victims four years from the date of the accident to take legal action. However, it was shortened by law on March 24, 2023. Thus, if your DUI accident in Miami occurred after 3/24/23, you’ll need to file a lawsuit within the two-year deadline.
Contact a Miami Auto Accident Lawyer After Your DUI Accident
Were you or a loved one injured in a DUI accident in South Florida? At Shaked Law Personal Injury Lawyers, we have over 100 years of combined experience handling DUI accidents in Miami, FL. Call to schedule a free consultation to learn more about your legal options today.
Additional Car Accident Resources
- Car Color & Crash Risk
- Car Inspection Laws in Florida
- Florida Child Car Seat Laws
- How To Obtain an Accident Report in Miami, FL
- Miami, FL Car Accident FAQs
- Most Dangerous Roads Intersections in Miami, FL
- Passenger Negligence
- Road Defects in Miami, FL
- What To Do After a Car Accident in Miami, Florida
Car Accident FAQs
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