At The Rubin Firm, our drunk driving accident lawyers fight for injured victims throughout Stuart, Martin County, the Treasure Coast, and South Florida. We bring decades of trial experience and a proven track record to every impaired driving case we handle. Drunk and impaired driving crashes are not accidents. They are the foreseeable and preventable consequences of a choice, and the driver who made that choice should be held fully accountable for the cost of their decision. Florida law allows victims of drunk driving accidents to pursue the full range of compensatory damages, as well as punitive damages in appropriate cases. These damages are specifically designed to punish reckless conduct and deter future harm. Our attorneys understand how to pursue every dollar available under Florida law and how to build the case that supports it.
Read on to learn how Florida handles drunk driving accident claims, what types of compensation are available, and how to protect your rights and your recovery from the moment the crash occurs.
To speak with an experienced drunk driving accident lawyer at The Rubin Firm, call (772) 283-2004, fill out our contact form, or use live chat to speak with our team today.
Why Choose The Rubin Firm After a Drunk Driving Accident?
Not every personal injury firm approaches drunk driving accident cases with the preparation and commitment these cases demand. Some firms treat impaired driving claims the same way they treat any other car accident, negotiating quickly for whatever the liability insurer offers without fully developing the punitive damages case that a drunk driving victim may be entitled to pursue. At The Rubin Firm, we approach every drunk driving accident case differently because these cases are different.
When a driver chooses to get behind the wheel under the influence of alcohol or drugs and injures someone, the legal exposure for that driver and potentially for the establishments that served them goes beyond standard negligence liability. Punitive damages are available in Florida drunk driving cases when the at-fault driver’s blood alcohol level was 0.08 percent or higher, and pursuing them requires a DUI attorney who understands both the evidentiary standard and the litigation strategy that produces results in the courtroom and at the negotiating table.
Our attorneys have been fighting for injured Treasure Coast residents since 1951. We know the local courts, the insurance companies that operate in Martin County, and the pressure points in every drunk driving accident claim. When an insurer refuses to offer fair compensation, we do not accept less. We prepare for trial and follow through, because insurance companies and their attorneys respect lawyers who mean it.
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Injuries Caused by Drunk Driving Accidents
Wrongful Death
Drunk driving is one of the leading causes of traffic fatalities in Florida. When an impaired driver’s actions result in a death, the deceased’s family members have the right to file a wrongful death claim under Florida’s Wrongful Death Act (Florida Statute Section 768.19) to receive compensation for economic and personal losses caused by the death. Punitive damages are available in wrongful death cases arising from drunk driving under the same statutory framework that applies to injury cases.
Broken Bones and Orthopedic Injuries
Fractures of the extremities, pelvis, and spine are common in drunk driving crashes. These fractures often require surgery, an extended hospital stay, and long-term rehabilitation. Recovery from serious orthopedic injuries can take months or even years. During this time, victims may be unable to work, care for their families, or participate in the activities that defined their quality of life before the crash.
Injuries sustained in drunk driving accidents are often more severe than those in standard vehicle crashes because impaired drivers often fail to brake before impact. This causes collisions at higher speeds than an alert driver would experience if they had time to react. Head-on collisions, high-speed rear-end collisions, and crashes involving pedestrians and cyclists are common in drunk driving cases and result in severe injuries.
Traumatic Brain Injuries
Traumatic brain injuries are among the most common and devastating outcomes of high-force drunk driving crashes. TBIs can range from concussions with temporary symptoms to severe and permanent brain damage affecting cognition, personality, memory, and physical function for the rest of the victim’s life. The lifetime care costs associated with severe TBIs are among the largest damage components in any personal injury case and require expert medical and economic analyses to calculate accurately.
Spinal Cord Injuries
High-speed impacts in drunk driving crashes can result in spinal cord injuries that lead to partial or complete paralysis. The physical, emotional, and financial consequences of a serious spinal cord injury affect every aspect of the victim’s life and the lives of their family members for decades. A lawyer who specializes in drunk driving accidents and pursues the full value of these cases, including future care costs, lost earning capacity, and non-economic damages, will produce outcomes that reflect the actual cost of these injuries.
Soft tissue and internal injuries
Soft tissue and internal injuries, including whiplash, herniated discs, and torn ligaments, can cause chronic pain and limited mobility that persists long after the visible evidence of the crash has faded. Internal injuries, including organ damage and internal bleeding, carry the additional danger of delayed presentation. This is why emergency medical evaluation following any drunk driving crash is essential, regardless of how the victim feels at the scene.
How Drunk Driving Accidents Happen on Treasure Coast Roads
Alcohol and drug impairment are among the most preventable causes of serious injury and death on Florida’s roads. Yet, impaired driving crashes continue to devastate families in Martin County, St. Lucie County, and the broader Treasure Coast region each year. Understanding how and why these crashes are so catastrophically harmful illustrates why holding impaired drivers fully accountable is important for the community as well as for individual victims.
Alcohol Impairment
Alcohol impairment occurs at blood alcohol concentrations well below the 0.08 percent legal limit. Reaction time slows. Peripheral vision narrows. The ability to track multiple objects and assess distances accurately deteriorates. At and above the legal limit, these impairments become severe enough that the risk of a fatal crash increases exponentially compared to a sober driver. On the high-speed corridors of I-95, U.S. Route 1, and Kanner Highway, the difference in impairment is often measured in lives lost.
According to Florida law, a driver is legally intoxicated if their blood alcohol concentration is at or above 0.08 percent, regardless of how they appear or perform on field sobriety tests. For commercial drivers, the limit is 0.04 percent. When a drunk driving accident lawyer at The Rubin Firm takes on a case involving a driver whose blood alcohol level exceeds these thresholds, there is a strong evidentiary foundation for both liability and punitive damages.
Drug Impairment
Impaired driving is not limited to alcohol. Prescription medications, marijuana, and other controlled substances can all affect one’s ability to drive in ways that create the same catastrophic risk as alcohol impairment. According to Florida Statute Section 316.193, it is illegal to drive under the influence of any chemical or controlled substance that impairs one’s normal faculties. This means that a driver who causes a crash while impaired by drugs faces the same legal consequences as a drunk driver.
Crashes involving drug impairment are often more difficult to investigate than alcohol-related crashes because standard roadside testing does not detect drug impairment with the same precision that a breathalyzer measures blood alcohol. A skilled DUI attorney and a thorough independent investigation can gather the necessary evidence to prove impairment and build a compelling case for full compensation.
Dram Shop Liability
If a drunk driver causes a crash after being served alcohol by a licensed establishment, Florida’s dram shop law may allow the injured victim to pursue a claim against the establishment in addition to the driver. According to Florida Statute Section 768.125, alcohol vendors are liable if they knowingly serve someone who is habitually addicted to alcohol or a minor who subsequently causes an accident. These claims require evidence showing the extent of the driver’s alcohol consumption at the establishment and the establishment’s awareness of the driver’s condition. A drunk driving accident lawyer can gather this evidence through investigation and witness interviews.
Dram shop liability expands the sources of compensation available to seriously injured victims, which is important when the drunk driver has only the minimum insurance coverage, which is often insufficient to fully compensate for the harm caused.
Punitive Damages in Florida Drunk Driving Accident Cases
In Florida, a driver with a blood alcohol level of 0.08% or higher at the time of a crash is presumed to have acted with conscious disregard for the safety of others. This creates a statutory basis for punitive damages under Florida Statute Section 768.736.
This is one of the most significant legal distinctions between drunk driving accident claims and standard car accident claims in Florida. Punitive damages are not typically awarded in personal injury cases. They are reserved for conduct demonstrating recklessness, willful disregard for the safety of others, or intentional wrongdoing. Florida’s drunk driving statute establishes a specific and powerful path to punitive damages by presuming the necessary mental state when a driver’s blood alcohol concentration exceeds the legal limit.
Punitive damages in Florida personal injury cases are subject to limits under Florida Statute Section 768.73, which generally caps them at three times the amount of compensatory damages or five hundred thousand dollars, whichever is greater. However, if the defendant’s actions were motivated by unreasonable financial gain and the defendant knew their actions were likely to cause injury, the cap may be increased. A drunk driving accident lawyer at The Rubin Firm will evaluate whether the facts of your case support a punitive damages claim and will aggressively pursue it if they do.
Florida Law and Drunk Driving Accident Claims
Florida’s legal framework provides specific protections and opportunities for victims of drunk driving accidents, setting these cases apart from standard vehicle crash claims.
The No-Fault System and the Serious Injury Threshold
Florida operates under a no-fault insurance system (Florida Statute Section 627.736), which requires drivers to carry personal injury protection (PIP) coverage. PIP coverage pays for initial medical expenses and lost wages, regardless of fault. PIP coverage pays 80% of reasonable medical expenses and 60% of lost wages up to a $10,000 limit.
For victims of drunk driving accidents whose injuries often exceed that limit within days of hospitalization, the serious injury threshold is a critical legal gateway. If a victim’s injuries result in significant and permanent loss of an important bodily function, permanent injury with a high degree of medical certainty, significant and permanent scarring or disfigurement, or death, then they can step outside the no-fault system and file a direct claim against the drunk driver. This claim can include the full range of compensatory and punitive damages available under Florida law.
Given the severity of injuries typically produced by impaired driving crashes, the threshold is met in most drunk driving accident cases. This opens the door to full recovery rather than the limited benefits available under PIP alone.
Florida's Modified Comparative Fault System
Under Florida Statute Section 768.81, Florida’s comparative fault system allows injured victims to recover compensation even when they bear some responsibility for the crash, as long as their percentage of fault does not exceed 50%. In drunk driving accident cases, the at-fault driver’s impairment is usually the main cause of the crash. This makes comparative fault arguments by the defense less persuasive than in cases where the conduct of both drivers contributed to the collision.
The Two-Year Statute of Limitations
Florida’s statute of limitations for personal injury claims is two years from the date of the crash, according to changes enacted through House Bill 837, which took effect in March 2023. Wrongful death claims arising from drunk driving accidents have a two-year limitations period from the date of death. Acting promptly after a drunk driving crash protects the evidence supporting the claim and preserves every legal option available.
What to Do After a Drunk Driving Accident in Stuart
The steps taken immediately after a drunk driving crash significantly impact the medical outcome and the strength of the subsequent legal claim.
Call 911 immediately
In a drunk driving accident case, a police report is more than just an official record of the crash. It contains potential evidence of the other driver’s impairment, including the officer’s observations, the results of the field sobriety tests administered, and any blood alcohol or breathalyzer readings taken at the scene. Law enforcement involvement is essential in every drunk driving case.
Seek emergency medical evaluation the same day
Many serious injuries, including traumatic brain injuries and internal bleeding, do not produce obvious symptoms immediately. Florida’s PIP statute requires treatment within fourteen days to maintain benefit eligibility. However, in drunk driving accident cases, the urgency is greater due to the severity of the typical injuries these crashes produce.
Document what you observed
If you observed signs of impairment in the other driver, such as slurred speech, unsteady movement, the odor of alcohol, or open containers in the vehicle, write down everything you saw as soon as possible. Your observations are potential evidence.
Don’t give a recorded statement to the insurer of the at-fault driver
The drunk driver’s insurance company will contact you shortly after the crash. You are not required to provide one, and doing so before consulting a lawyer who specializes in drunk driving accidents can significantly impact the value of your claim.
Contact The Rubin Firm as soon as possible
A lawyer who specializes in drunk driving accidents can issue preservation notices to prevent critical evidence from being lost. They can also begin an independent investigation into the driver’s impairment and the circumstances of the crash. Additionally, they can evaluate whether dram shop liability applies to your specific situation. Each day that passes without legal representation gives the other side an advantage.
Compensation Available in Drunk Driving Accident Cases
In Florida, victims of drunk driving accidents may pursue the full range of economic and non-economic damages available under personal injury law, plus punitive damages when the statutory threshold is met.
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Serving Stuart, Martin County, and the Treasure Coast
The Rubin Firm represents victims of drunk driving accidents throughout Stuart, Palm City, Jensen Beach, Hobe Sound, Port St. Lucie, Fort Pierce, Vero Beach, and communities across Martin County, St. Lucie County, Indian River County, and Palm Beach County. Our attorneys know the local courts, the insurance companies that operate in this market, and the specific traffic corridors where impaired driving crashes occur most frequently on the Treasure Coast. That local knowledge is a meaningful advantage in every drunk driving accident case we handle.
Frequently Asked Questions About Drunk Driving Accident Claims in Florida
Can I sue a drunk driver even if they were not convicted of DUI?
Yes. A civil drunk driving accident claim operates independently of any criminal DUI prosecution and uses a different standard of proof. You don’t need a criminal conviction for DUI to pursue a civil claim for damages. A lawyer who specializes in drunk driving accidents can build a civil case based on evidence of impairment found in the crash report, toxicology results, law enforcement observations, and witness accounts. This is possible regardless of the outcome of any criminal proceedings.
What if the drunk driver had minimum insurance coverage?
The minimum Florida liability coverage of $10,000 per person is often insufficient to compensate for the serious injuries caused by drunk driving crashes. A lawyer who specializes in drunk driving accidents will investigate every available source of compensation, including the driver’s umbrella policy, if applicable, as well as dram shop liability against any establishment that served the driver and uninsured or underinsured motorist coverage under the victim’s own policy.
How long does a drunk driving accident claim typically take to resolve?
The timeline depends on the severity of the injuries, the complexity of the evidence of liability and damages, and the willingness of the defendant’s insurer to negotiate in good faith. Cases involving punitive damages typically take longer because they require additional evidentiary development. A drunk driving accident lawyer can provide a more specific timeline once they have evaluated the facts of the case.
What if I were a passenger in a vehicle driven by an impaired driver?
Passengers injured in a vehicle operated by an impaired driver have the same right to pursue compensation as any other victim of a drunk driving accident and are almost never at fault for the crash. A passenger may file claims against the drunk driver’s liability insurance and, depending on the circumstances, against dram shop defendants as well. A lawyer who specializes in drunk driving accidents can identify every available source of recovery based on the specific facts of the case.
How much does it cost to hire a drunk driving accident lawyer at The Rubin Firm?
Nothing upfront. The Rubin Firm handles drunk driving accident cases on a contingency fee basis. You pay no legal fees unless we recover compensation for you, and our fee comes from that recovery, not your pocket. The initial consultation is free and confidential.
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Injured by a Drunk Driver? Take the First Step Today.
A crash caused by drunk driving is not something that happens to you because of bad luck. It happened because someone made a choice, and under Florida law, that choice has consequences that go beyond standard car accident liability. The drunk driving accident lawyers at The Rubin Firm are ready to investigate what happened, pursue every available source of compensation, including punitive damages, when supported by the facts, and fight for the outcome your injuries and your family deserve.
There is no fee unless we win your case. We are ready to help. Call (772) 283-2004, fill out our contact form, or use live chat to speak with our team today.
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