Drunk Driving Accident Attorney in Miami

After a Drunk Driving Crash, Turn to Over 50 Years of Combined Experience

We represent injured drivers, passengers, pedestrians, cyclists, and surviving family members after drunk driving crashes. These cases call for a focused review of impairment evidence, insurance coverage, medical documentation, and the potential responsibility of parties beyond the driver.

A civil injury claim is separate from the criminal case against the driver. Prosecutors pursue criminal penalties on behalf of the state, while a civil claim seeks damages for the person harmed. A criminal conviction isn’t required for a civil claim to proceed, although chemical testing, witness accounts, and criminal-case records may provide relevant evidence.

Who May Be Liable for a Miami Drunk Driving Crash?

The impaired driver may be liable when the evidence connects unsafe driving to the collision and resulting injuries. We may also examine vehicle ownership, the driver’s work activities, applicable insurance policies, and how the driver obtained alcohol.

Depending on the facts, potentially responsible parties may include:

• The impaired driver: Driving behavior, test results, admissions, and witness observations may help establish fault.
• A vehicle owner: Negligent entrustment may apply if an owner knowingly allowed an unsafe person to use the vehicle.
• An employer: Employment-related responsibility may be relevant if the driver was performing work duties when the crash occurred.
• An alcohol vendor: A bar, restaurant, or other provider may face liability only under Florida’s limited statutory exceptions.

Liability isn’t automatic for any proposed defendant. The evidence must connect each person or business to the collision, the claimant’s injuries, and a recognized legal basis for responsibility.

When Florida Law May Hold an Alcohol Vendor Liable

Dram shop liability refers to a claim against a business or person that furnished alcohol to someone who later caused harm. Under Florida Statute § 768.125, providers generally aren’t liable solely because they served a person of lawful drinking age who later became intoxicated.

The law provides narrow exceptions. A claim may be possible if someone willfully and unlawfully furnishes alcohol to a person under the legal drinking age or knowingly serves a person habitually addicted to alcohol. Evidence that a vendor served an adult who became intoxicated usually isn’t enough by itself.

Evaluating an exception may require evidence of the driver’s age, receipts, service records, surveillance footage, witness statements, and the vendor’s prior knowledge. The timing between alcohol service and the collision may also be relevant.

How We Investigate an Impaired-Driving Collision

Our initial process includes an interview, a review of available records, and a consultation with a personal injury lawyer from our team. We assess the collision, injuries, available evidence, potential defendants, and insurance information before determining how to proceed.

An investigation may include:

• Reviewing the crash report, photographs, vehicle damage, and available vehicle data
• Seeking traffic-camera footage, business surveillance, and witness information
• Examining chemical-test results and other available impairment evidence
• Comparing medical records, treatment history, and documentation of lost income
• Evaluating insurance coverage and communications from insurers

Once we have developed the evidence, we may pursue insurance negotiations or litigation. A lawsuit can involve discovery, depositions, motions, and trial, but the appropriate path depends on the evidence and the parties’ positions.

Damages After a Drunk Driving Crash

Potential damages depend on the injuries, financial losses, supporting documentation, and applicable Florida law. We handle serious personal injury and wrongful death cases involving losses that may continue well beyond the initial medical treatment.

A claim may address:

• Medical costs: Reasonable expenses for emergency care, rehabilitation, medication, and anticipated treatment
• Income losses: Missed wages and reduced earning capacity supported by employment and medical evidence
• Personal harm: Pain, emotional distress, disability, disfigurement, and loss of enjoyment of life
• Wrongful death damages: Losses available to eligible survivors under requirements that differ from those governing an injured person’s claim

Punitive damages are meant to punish qualifying misconduct rather than compensate an injured person for a specific loss. They aren’t available in every impaired-driving case and depend on the conduct, evidence, and legal standards involved.

Personalized Representation Without Upfront Legal Fees

At Remer, Georges-Pierre & Hoogerwoerd, PLLC, we bring over 50 years of combined experience negotiating and litigating cases for injured clients. Our representation focuses on the evidence, losses, and legal issues specific to each client’s circumstances.

Initial consultations are free, and we represent personal injury clients on a contingency-fee basis. Clients don’t pay legal fees unless we recover compensation in their case. We provide legal services in English and Spanish.

Discuss Your Miami Drunk Driving Accident Claim

We can review what happened, assess the available evidence and insurance coverage, identify potentially responsible parties, and explain the next steps. If possible, gather the crash report, photographs, medical records, witness details, insurance correspondence, and documentation of missed work before your consultation. Families dealing with a fatal crash can also ask us about the distinct requirements of a potential wrongful death claim.