What Should I Do After a Drunk Driving Car Accident in Florida?

After a drunk driving accident in Florida, prioritize your safety by calling 911 immediately. Seek medical attention, even for minor injuries. Also, make sure to report the accident to the police, collect evidence, and gather witness statements. An experienced car accident attorney can guide you through the process and help secure compensation for damages and injuries.

At Todd Miner Law, we have a proven history of representing victims of drunk driving cases. Our dedicated team understands Florida’s DUI laws and fights to ensure you receive the fair compensation you deserve. We handle the entire claims process professionally while you can focus on your recovery. So, if you’ve been hit by a drunk driver, contact us at 407-894-1480 and let our experienced attorneys fight for your legal rights.

What Steps Should You Take After a Car Accident With a Drunk Driver in Florida?

If you’re involved in a drunk driving accident in Florida, your first priority should be your safety. Call 911 immediately, even if injuries seem minor, as shock can hide their severity. Notify law enforcement and your insurance company to start the claim process. Also, collect all relevant evidence such as police reports and medical records.

Here are the details of each that will help you get through the complexities of a DUI crash:

1. Report the Accident and Collect Evidence

Under Florida Statute 316.062, you need to immediately call the police to the location of the DUI accident. Next, gather evidence like photographs of the damage to motor vehicles, road conditions, and any injuries on the accident scene. Moreover, if there are eyewitnesses to the DUI accident, collect their names and phone numbers.

2. Medical Checkup and Insurance Notification

Even if you are not injured, seek a medical professional for a checkup. Severe injuries like traumatic brain injuries (TBI) may not show symptoms right away, but they may become worse over time. Further, inform your insurance company about the accident. Avoid offering unnecessary details or making statements that could complicate your claim. For example, focus on sharing the facts about how the accident happened, the time, and the location. This helps prevent miscommunication and ensures your claim remains clear.

3. Get Legal Support

Hire a personal injury attorney from Todd Miner Law to get strong legal representation for your DUI-related accidents. Our experienced lawyers handle the complexities of DUI cases and work hard to secure the fair compensation you deserve. Reach out today for a free consultation, and we’ll help you pursue compensation for your losses.

How Common Are Drunk Driving Accidents in Florida?

Drunk driving accidents are highly significant in Florida, accounting for nearly 34% of all traffic fatalities in the state. Research shows that in 2022, 29% of people died in impaired driving crashes. This alarming statistic shows the severity of this issue, making Florida 2nd leading state for DUI-related incidents.

Florida Highway Safety and Motor Vehicles reports that in 2025, drunk drivers’ negligence caused 1907 crashes. Out of this, crashes injured 1,080 people and claimed 55 lives. During the 2023 Labor Day weekend, the FLHSMV launched its annual safety campaign, urging drivers to “Drive Sober or Get Pulled Over.” Unfortunately, impaired drivers caused 50% of the fatalities that weekend, marking a 25% increase compared to the previous year.

Additionally, in March 2023, there were 1,359 accidents that involved impaired drivers, with 1,201 of those drunk incidents. The 20-29 age group had the highest number of drunk-related crashes, with 306 cases, followed by the 30-39 age group with 302 crashes. FHSMV statistics from 2016 also indicated that Florida had 5,223 accidents caused by driver impairment due to alcohol. Of these, 461 resulted in fatalities, and nearly 3160 resulted in injuries. In short, drunk driving accidents continue to be a growing concern in Florida, highlighting the need for increased awareness about the risks of impaired driving.

What Evidence Should You Gather from the Accident Scene?

After a drunk driving accident, gather essential evidence, such as photos of the scene, vehicle damage, and medical bills. Collect witness contact details, police reports, and any surveillance footage. Also, collect imaging scan results that show the severity of your injuries due to the collision.

You need to collect evidence quickly, as skid marks or security footage may not be available for a long time. Moreover, use your smartphone’s camera and note-taking apps to capture clear images and details of the accident. If you are experiencing emotional distress, make sure to document these impacts as they can be considered for compensatory damages. Schedule your meeting today to get a fair settlement amount for your medical expenses and lost wages.

How Can Witness Testimonies Strengthen Your Car Accident Case?

Witness testimonies can strengthen your car accident case by providing credible, unbiased evidence that supports your claims. These testimonies can confirm details, like the accident cause, the severity of the damages, or the at-fault driver’s actions, making your case more strong.

Moreover, if a witness saw the other driver run a red light, speeding, or driving recklessly, their testimony can support your claim. Testimonies from medical experts can also validate the extent of your injuries, which proves helpful in a personal injury or wrongful death lawsuit. In such cases, these testimonies prove liability and ensure that surviving family members receive fair compensation.

Also, if other parties try to shift the blame onto you, witness statements can serve as strong evidence to disprove their claims. Therefore, it is necessary to encourage witnesses to write down their observations when the details are fresh in their minds. If possible, get written statements from witnesses regarding the accident scene that caused the collision.

Who Can You Sue if a Drunk Driver Causes Your Crash?

When a drunk driver causes your accident, you can sue the driver for personal injury damages. Even if a bar or restaurant served alcohol to the driver, you may have the right to take legal action against that establishment. Also, in case a drunk driver was working or performing job-related duties during the crash, you can hold their employer accountable.

Under Florida’s dram shop law (Section 768.125), you can sue a business that serves alcohol to those who are under 21 or someone having alcohol addiction. Moreover, if a government employee is drunk and causes the accident, you can sue the government under the Federal Tort Claims Act (FTCA). To strengthen your case, must consult a car accident lawyer who can help you through the “dram shop” law and FTCA effectively.

How Can You File a Drunk Driving Car Accident Claim in Florida?

To file a drunk driving accident claim in Florida, first, contact law enforcement to file the accident report. Then, seek medical attention for any injuries immediately. Gather essential evidence, such as photographs, witness statements, and medical records, to support your case.

Moreover, after the accident, it’s important to establish liability by proving the other driver’s impairment. Florida law (Section 316.193) considers a driver impaired when the report shows the driver’s BAC (Blood Alcohol Concentration) is 0.08 grams or more per 100 milliliters of blood. The law also considers the driver as impaired if the officer suspects alcohol use or if the driver refuses a test for alcohol or drugs. Once you establish liability according to this section, you can pursue damages for medical expenses, property damage, lost wages, and emotional distress. By working with an experienced attorney from Todd Miner Law, you can ensure your rights are protected and your legal claim is handled professionally for the best possible outcome.

How Do Florida’s DUI Laws Impact Your Accident Claim?

In Florida, DUI laws under Section 316.193 can strengthen your accident claim by establishing clear liability. If the driver was intoxicated, it proves negligence, making it easier to hold them responsible. This can lead to higher compensation, including financial penalty damage if the impairment is severe or requires ongoing treatment.

Insurance companies may reject claims if the at-fault driver was intoxicated, using alcohol exclusion clauses. Additionally, Florida’s Financial Responsibility Law requires drivers convicted of DUI to maintain higher liability insurance limits, known as FR-44 insurance, for three years. This can result in increased premiums and limited coverage options for the driver. Besides this, if you file a drunk driving case in criminal court, it doesn’t directly provide you with financial compensation. However, it can serve as strong evidence of the driver’s negligence in your civil claim.

Florida also follows a “comparative negligence” system. This Florida law states that if you’re at fault for the accident, your settlement amount will be decreased by your fault percentage. Moreover, Florida’s no-fault law initially requires you to use your PIP coverage for basic expenses. However, you can also pursue claims with the at-fault driver’s insurance in cases of expenses exceeding $10,000.

What Penalties Does a Drunk Driver Face in Florida?

In Florida, a first-time DUI conviction causes fines ranging from $500-$1,000, up to six months of imprisonment, mandatory DUI education, and a minimum 180-day license revocation. If the driver refuses a required roadside test, the withdrawal period is automatically extended to one year.

Additional penalties may include the installation of an ignition interlock device (IID), community service, or probation. The conviction will remain on the individual’s record for 75 years. On the other hand, a second DUI offense fines range from $1,000-$2,000, with imprisonment up to nine months. The court may also order the installation of an IID for at least one year at the fault party’s expense.

Moreover, a third DUI offense fine ranges from $2,000-$5,000 and imprisonment up to 12 months, along with the installation of an IID for at least two years. However, if the third offense occurs within 10 years of the prior conviction, it is considered a third-degree crime. This can lead to a fine of $5,000, imprisonment of up to five years, and the mandatory installation of an IID for a minimum of two years.

Let Todd Miner Law Handle Your DUI Accident Claim — Contact Us for a Free Case Review Today!

A drunk driving accident can leave you with serious injuries, increased medical bills, lost wages, and emotional distress. The situation becomes even difficult when multiple parties share responsibility. In such cases, holding the at-fault party accountable can be difficult. Moreover, without legal representation, you cannot pursue the compensation and justice you deserve.

At Todd Miner Law, we are dedicated to helping victims of drunk driving accidents throughout Florida. Our law firm has a proven record of holding drunk drivers accountable and securing the compensation our clients need to move forward. We understand the financial stress these crashes cause, and we use our experience and resources to fight for your justice. Give us a call at 407-894-1480 or visit our Orlando office at 915 Outer Rd, Orlando, FL 32814 to get expert legal counsel!

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