Car Accidents
Drunk driving accidents can cause life-altering damage in just a matter of seconds. One moment you’re on the road, the next moment you’re facing property damage, serious injuries, or life-changing trauma.
DUI-related collisions are responsible for almost a third of U.S. traffic deaths. In 2024 alone, 272 alcohol-related crashes occurred in Miami-Dade County.¹
If you or a loved one is the victim of a car accident in Miami, know this: you are not alone. Stabinski Law is committed to helping drunk driving victims get the financial justice they deserve. We are the advocates you need to stand up for your rights and pursue compensation for medical bills, lost wages, and emotional distress incurred as a result of the accident.
Who Can Be Held Liable in a DUI Car Accident Case?
Drunk driving is both reckless and negligent behavior, which is why the intoxicated driver is usually the primary person at fault for a DUI crash. But in Florida, additional parties can be held legally accountable in certain situations.
- Dram Shop Liability: A business can be liable if it knowingly serves alcohol to someone under 21 or someone who is habitually addicted to alcohol.
- Employers: If a commercial or company driver causes a DUI crash while working, their employer might share liability. Businesses can be held responsible for negligent hiring or supervision.
- Vehicle Owners: Florida law allows injury victims to pursue claims against vehicle owners, especially when they lent their car to someone they knew was unfit to drive. This is called the “dangerous instrumentality” doctrine.
Identifying everyone who may be at fault can increase your chances of full compensation. Our team knows where to look and how to build strong, fact-based claims on your behalf.
What To Do After a Drunk Driving Car Accident in Miami
- Get Medical Help Immediately: Call 911 and accept medical treatment at the scene. Some injuries don’t show symptoms right away, but can become serious without quick care.
- Document Everything You Can: Photograph the scene, your injuries, and the vehicles. Collect witness names and contact details. If the police suspect DUI, ask for the incident report number.
- Preserve Your Evidence: Save all hospital records, repair estimates, medication receipts, and written communication with insurance adjusters. Avoid posting about the crash on social media, as even casual updates can be used against your case.
- Speak with a Lawyer First: Insurance companies might offer a fast settlement that undervalues your injuries. Don’t sign or agree to anything before getting legal advice. You generally have two years from the date of the crash to file a civil claim in Florida.
What Compensation Can You Recover?
Victims of DUI crashes often face serious, long-term losses. Florida law allows you to seek full compensation for both financial and emotional harm.
Types of economic damages:
- Emergency and ongoing medical treatment
- Lost wages and reduced future earning potential
- Physical therapy and long-term medical support
- Car repair or property replacement costs
Types of non-economic damages:
- Pain and suffering
- Emotional distress, PTSD, or anxiety
- Loss of enjoyment of life
- Permanent disability or disfigurement
Punitive Damages are sometimes awarded in DUI cases to punish the driver’s extreme recklessness. These are available when there is clear evidence of gross negligence or intentional misconduct. Our firm pursues these damages when appropriate.
Florida DUI Laws and How They Affect Your Case
Criminal charges for DUI and personal injury lawsuits are separate processes. Even if the driver is not convicted in criminal court, you can still pursue a civil claim for your injuries.
- BAC and Refusals: A blood alcohol content (BAC) of 0.08% or higher is legally drunk in Florida. Drivers who refuse BAC testing may still be found liable if there is other evidence of impairment, such as behavior at the scene or witness statements.
- Civil Burden of Proof: In a civil case, you don’t need to prove guilt beyond a reasonable doubt, just that the driver was more likely than not impaired and caused your injuries.
- Statute of Limitations: You have two years to file a personal injury lawsuit in Florida. If your loved one died as a result of the crash, you also have two years from the date of death to file a wrongful death claim.
Why Choose Stabinski Law as Your Drunk Driving Accident Attorneys?
Stabinski Law is trusted by injury victims across Miami and South Florida for a reason: we bring decades of experience, a client-first mindset, and real results.
- We Know Miami: We’ve handled drunk driving cases in Miami for over 50 years. We are familiar with local laws, the courts, and how to navigate insurance companies that attempt to minimize payouts.
- We Put Clients First: Our team will keep you informed with attentive and honest communication at every stage. You speak directly with your attorney, not just a staff member.
- You Don’t Pay Unless We Win: There are no upfront costs. We work on a contingency basis, which means we only receive payment if you obtain a settlement or court award. Your consultation is complimentary, and there’s no obligation to proceed.
Frequently Asked Questions About Drunk Driving Accidents in Miami
What if the driver wasn’t convicted of DUI—can I still sue?
Yes. Criminal cases and civil lawsuits operate independently of each other. You can sue based on the driver’s negligence, even without a DUI conviction.
How long do I have to file a claim in Florida?
You generally have two years to file a DUI injury claim. Wrongful death lawsuits also have a two-year window, starting from the date of death.
Can I sue the bar or establishment that served the driver?
In some cases, yes. Florida law permits lawsuits against establishments that serve alcohol to underage individuals or known addicts. A lawyer can investigate and advise whether this applies to your case.
Will my insurance cover anything while I wait for a settlement?
Florida’s no-fault system requires every driver to carry Personal Injury Protection (PIP). This may cover part of your medical expenses and lost wages. You might also have uninsured/underinsured motorist (UM/UIM) coverage that could help if the at-fault driver lacks sufficient insurance.
Speak With a Miami DUI Accident Lawyer Today
If a drunk driver has changed your life, you deserve answers and accountability. At Stabinski Law, our experienced team is ready to help you seek the compensation you need to move forward.
We are available 24/7 and offer free consultations. There are no fees unless we win your case. Contact us now or send a message to receive the legal assistance you deserve. Spanish-speaking support available.
¹ https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/
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