Drunk Driving Accident Attorney in Coral Springs
When One Crash Creates Both a Criminal Case and an Injury Claim
A collision caused by an impaired driver can lead to two separate legal proceedings. Prosecutors may pursue a criminal DUI case against the driver, while the person who was injured may pursue a civil claim for the financial and personal losses caused by the crash. The criminal case does not automatically compensate the injured person, and a civil claim does not have to depend on a DUI conviction.
At The South Florida Injury Law Firm, our team includes a former insurance company defense lawyer and a former public defender. That background gives us insight into both contested insurance claims and the criminal process that may generate evidence relevant to a drunk driving accident case.
Since 1998, our attorneys have represented injured people in Coral Springs and throughout South Florida. We bring more than 100 years of combined legal experience to personal injury matters and focus on holding negligent parties accountable when preventable conduct causes serious harm.
Call (888) 906-4423 for a free case evaluation with our Coral Springs drunk driving accident attorneys.
What Evidence Can Matter After a Drunk Driving Crash?
Florida Statute §316.193 prohibits driving while normal faculties are impaired by alcohol or qualifying substances and also establishes unlawful blood and breath alcohol levels of 0.08 or higher.
In a civil or criminal proceeding, qualifying blood or breath test results may be admissible when the statutory requirements are met. A level of 0.08 or higher can constitute prima facie evidence that the driver's normal faculties were impaired.
That evidence can be important in an injury claim, but intoxication does not eliminate the need to prove how the driver's conduct caused the collision and the resulting injuries.
Evidence in a drunk driving accident investigation may include:
- Breath or blood alcohol test results
- Other toxicology evidence
- Police reports and DUI investigation records
- Body camera or dashboard camera recordings
- Surveillance and traffic camera footage
- Witness statements about the driver's behavior
- Receipts or other evidence concerning alcohol consumption
- Crash scene photographs
- Vehicle damage and electronic vehicle data
Evidence can disappear or become more difficult to obtain as time passes. Video may be overwritten, vehicles may be repaired, and witness memories can fade. Early investigation can therefore matter even while the criminal DUI case is still pending.
Does a DUI Violation Prove the Civil Case?
Not by itself.
Evidence that a driver violated Florida's DUI laws may support a negligence claim, but a traffic-law violation does not automatically establish every element of civil liability. The evidence must still connect the driver's conduct to the collision and the injuries for which compensation is sought.
This distinction matters because the criminal and civil proceedings answer different questions. Prosecutors determine whether the government can prove a criminal offense. A civil injury claim focuses on responsibility for the crash, causation, damages, and available sources of recovery.
An injured person does not necessarily have to wait for the criminal prosecution to end before pursuing a civil claim.
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“In every shape way and form they have been a tremendous help in gaining my ability to perform every day activities.”- Carlota C.
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“When all the bills come rolling in and you have no idea what to do... you just pick up the phone and call Jeff, Craig or Matt they always pick up the phone, they never leave you hanging!”- Josephine B.
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“I had no idea what to do after my accident and Jeffrey took care of me. He was helpful by explaining everything to me and truest cared about how my family and I were doing.”- Stephanie M.
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“Lawyer Jeff Braxton was a huge help getting my case settled and I loved that I was able to speak with him directly whenever I needed. His firm is professional, honest, and accessible.”- Ashley H.
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“He is always prompt and available, professional, and knowledgeable in his work.”- Danielle M.
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“A year later, his law firm proved my decision to allow the firm to handle my case was the correct one!”- Liz
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“They were always easy to reach and always were available for me for any questions I had, even on the weekends!!!”- Tracy G.
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“I would like to thank Craig Posner for a wonderful job on my case. He was extremely courteous and professional and worked one on one with me throughout the entire process.”- Alberto P.
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“Jeff Braxton and his team at the South Florida Injury Law Firm are extremely professional and terrific to deal with.”- Erika P.
What Compensation May Be Available?
A drunk driving collision can cause many of the same losses involved in other serious motor vehicle injury claims, including:
- Past and future medical expenses
- Lost wages
- Reduced future earning capacity
- Property damage
- Pain and suffering
- Emotional and psychological harm
- Permanent disability or disfigurement
When an impaired-driving collision results in death, eligible survivors and the estate may also have rights under Florida's wrongful death laws.
The amount and types of compensation available depend on the injuries, evidence, insurance coverage, degree of fault, and other facts specific to the claim.
Can Punitive Damages Apply to a Drunk Driving Accident?
Potentially, but they are not automatic.
Compensatory damages address losses suffered by the injured person. Punitive damages serve a different purpose and depend on the defendant's conduct and the requirements of Florida law.
Florida generally requires a claimant to make an evidentiary showing that provides a reasonable basis for seeking punitive damages before adding that claim to a lawsuit. Florida law also contains specific provisions addressing punitive damages when a defendant was impaired by alcohol or drugs or had a qualifying blood or breath alcohol level.
Whether punitive damages are appropriate should therefore be evaluated from the actual evidence rather than assumed merely because a DUI arrest occurred.
Who Else May Share Liability?
The impaired driver is usually the primary focus of the claim, but some crashes require investigation into other parties.
An Employer
If the driver was acting within the scope of employment when the crash occurred, an employer may potentially share responsibility depending on the circumstances.
A Person or Business That Furnished Alcohol
Florida does not impose broad liability on bars or restaurants simply because they served alcohol to someone who later caused an accident.
Florida's dram shop statute is narrow. Potential liability may arise when someone willfully and unlawfully furnishes alcohol to a person who is not of lawful drinking age or knowingly serves a person habitually addicted to alcohol.
That makes evidence about who provided the alcohol and what they knew particularly important before pursuing this type of claim.
Why Choose The South Florida Injury Law Firm?
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No Fees Unless We Win Your CaseThere are no fees of any kind until we settle or win your case in court.
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We Can Arrange to Come To YouFor our clients who are unable to travel, we make it easier for you.
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No Cost For Your ConsultationWhen you schedule a consultation, there is never an initial charge
What Insurance Coverage May Be Available?
Identifying the responsible parties is only part of the analysis. A drunk driving accident attorney should also determine which insurance policies may provide coverage.
Liability Insurance
The impaired driver's automobile liability coverage may provide compensation up to applicable policy limits.
Uninsured or Underinsured Motorist Coverage
When the at-fault driver has no insurance or insufficient liability coverage, UM or UIM coverage may become important if applicable coverage exists under an available policy.
Personal Injury Protection
Florida continues to operate under its Motor Vehicle No-Fault Law. Depending on the policy, the injured person's status, and compliance with statutory requirements, PIP benefits may cover a portion of qualifying medical expenses and lost income regardless of who caused the collision.
These different types of coverage serve different purposes. Reviewing all potentially applicable policies can be especially important when a crash causes severe injuries that exceed one driver's liability limits.
Florida's Comparative Fault and Filing Deadline
Florida follows a modified comparative fault system for negligence actions. If an injured person is assigned some responsibility for a crash, that percentage can reduce recoverable damages. Under the current statute, a person found more than 50 percent at fault for their own harm generally cannot recover damages in an ordinary negligence action.
A drunk driver's impairment therefore does not eliminate every possible dispute over how the collision happened. Insurers may still examine speed, vehicle movements, traffic signals, seat-belt use where legally relevant, causation, or the conduct of other parties.
Florida also generally provides a two-year limitations period for negligence actions. Other claims or circumstances can involve different procedural requirements, so the applicable deadline should be evaluated from the facts of the individual case rather than assumed.
