Skip to main content
Blog
For 9 months, from January to September, Florida documented 2,917 drunk driving crashes. If you’re hit by a drunk driver in Miami, you can recover compensation for your injuries, vehicle damage, lost income, and other losses. Florida laws allow victims of impaired driving crashes to seek recovery through auto insurance or an injury lawsuit against the drunk driver, and in some cases, against the bar or establishment that overserved them.
When you’ve been injured by a drunk driver, the road to recovery can be more overwhelming than you think. Our Miami accident attorney at The Morgan Law Group can help hold the responsible parties accountable and pursue the financial compensation you legally deserve.
What Should I Do After a Drunk Driver Hits Me in Miami?
Drunk driving crashes are not just traffic violations; they are acts of negligence with criminal consequences. After being hit by a drunk driver, your actions in the immediate aftermath can impact your physical safety and your potential legal claim.
Here’s what you should do:
Step 1: Call 911 Immediately
Report the crash to the Miami Police Department and request medical assistance. Florida law requires that drivers report accidents involving injuries, fatalities, or significant property damage. A police report is essential in drunk driving cases, as it will likely include observations of the driver’s impairment, results of sobriety tests, and any arrests made.
Step 2: Seek Medical Attention
Even if you don’t feel immediate pain, get checked by medical professionals. Injuries like concussions, internal bleeding, and spinal trauma may not show symptoms right away. Medical documentation also serves as evidence when filing an insurance claim or lawsuit.
Step 3: Document the Scene
Take photos and videos of your injuries, damage, and any signs of intoxication. If there are witnesses, ask for their contact information and statements. This evidence can support your claim against the impaired driver.
Step 4: Get the Police Report
Once available, request a copy of the police report. It may include breathalyzer results, officer observations, and citations or charges filed against the impaired driver.
Step 5: Notify Your Insurance Company
Even though Florida is a no-fault state, you must report the accident to your insurer promptly. Let them know you were hit by a drunk driver, but avoid making detailed statements or accepting a quick settlement without legal advice.
Step 6: Speak with a Lawyer
Before negotiating with insurance companies or agreeing to anything, consult with accident attorneys in Miami. Drunk driving injury claims often involve serious injuries, and a lawyer can assess your options for maximum recovery.
How Can I Claim for Drunk Driving Injuries in Miami?
According to NHTSA, about 34 people die in drunk driving crashes every day; that’s one person every 42 minutes. If you’re hit by a drunk driver, Florida’s insurance rules and personal injury laws allow you to pursue compensation for medical bills, lost wages, pain and suffering, and more.
Insurance Claim for Drunk Driving
Florida follows a no-fault auto insurance system, meaning your own Personal Injury Protection (PIP) coverage pays for your medical expenses and lost income up to your policy limits, regardless of who caused the crash. However, if you’ve suffered a “serious injury,” you can step outside the no-fault system and file a liability claim or lawsuit against the drunk driver.
Serious injuries may include:
- Permanent injury or significant disfigurement
- Bone fractures
- Loss of bodily function
If the driver has bodily injury liability (BIL) coverage, you may be able to recover compensation through their insurer for damages beyond your PIP benefits.
Sue for Drunk Driving
Victims who suffer serious injuries may file a lawsuit against the impaired driver for damages that go beyond what insurance covers.
In a personal injury claim, you may be eligible to recover:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages
If the at-fault driver was convicted of DUI or tested over the legal limit (BAC of 0.08% or higher), that evidence may strengthen your civil case.
Can Bars Be Held Responsible for Drunk Driving Crashes?
Under Florida’s dram shop law, certain alcohol vendors can be held liable if they serve alcohol to a person who is habitually addicted to alcohol or to a minor, and that person causes injury.
This means if a Miami bar knowingly overserved alcohol to the driver who hit you, you may be able to file a third-party liability claim.
What if the Miami Drunk Driver Is Not Insured?
If you’re hit by a drunk driver without coverage, there are still legal paths to pursue compensation.
Personal Injury Protection
Even without the at-fault driver’s insurance, your own PIP coverage will provide compensation for initial medical expenses and lost income.
Uninsured/Underinsured Motorist Coverage
If your policy includes UM/UIM coverage, it may help pay for your injuries when the other driver lacks insurance or has insufficient limits. In drunk driving cases, this coverage becomes especially important.
Third-Party Liability Claims
In cases where a bar, restaurant, or other establishment over-served the drunk driver, a dram shop claim may offer another source of recovery.
Personal Injury Lawsuit
You can file a civil lawsuit directly against the uninsured driver. If a court finds them liable, they may be ordered to pay damages.
How Long Can I File a Drunk Driving Injury Claim in Miami?
Florida law sets a two-year statute of limitations for filing personal injury claims, including those involving drunk driving accidents. That means you generally have two years from the date of the crash to file a lawsuit.
If you miss this deadline, your claim could be permanently barred. However, some exceptions may apply, so consult with an accident attorney in Miami as early as possible to preserve your rights.
The Morgan Law Group represents victims of drunk driving crashes in Miami and throughout South Florida. Our attorneys investigate impaired driving collisions, work with experts to calculate damages, and hold reckless drivers accountable.
Call us today at (305) 504-7642 or contact us using our online form for a free case evaluation about your injury at our office in Miami.
