Miami Drunk Driving Accident Lawyer
If you’ve experienced injuries from a drunk driving accident in Miami, the injury attorneys at Bernstein & Maryanoff Injury Attorneys have the skill and experience you deserve to get the maximum compensation for your drunk driving accident injuries.
If you need an injury attorney in Miami, call Bernstein & Maryanoff for results you can trust.
Our Proven Results Speak for Themselves
Since 1983, Jack G. Bernstein has fought for injury victims seeking compensation. He’s involved in every personal injury case handled by the experienced attorneys at his law firm, providing expert oversight for the personal injury lawyers at Bernstein & Maryanoff, and helping to ensure clients recover the maximum compensation available.
$3 million settlement
Wrongful death in motor vehicle accident.
$3 million settlement
Secured for a client with neck injuries in car accident.
$2.76 million Settlement
Wrongful death in motor vehicle accident.
$2.25 settlement
secured for a client with paralyzed in medical malpractice.
$2 million settlement
secured for a client with brain injury in medical malpractice.
$1.75 million Settlement
Secured for a client with burns and dystrophy in slip and fall accident.
When you’re injured by a drunk driver, it can be devastating for you and your entire family. Don’t wait any longer to contact a Miami drunk driving accident attorney to get justice.
Operating a vehicle under the influence is a needless act that can change your life in an instant. The Miami drunk driving accident attorneys at Bernstein & Maryanoff Injury Attorneys are aggressive, skilled legal professionals dedicated to helping victims fight for their rights and claim fair financial recovery. Contact us for a free consultation.
Experienced Miami Drunk Driving Lawyers You Can Trust
Drunk driving is not just a legal issue. It is a public safety crisis. According to the National Highway Traffic Safety Administration (NHTSA), 12,429 people were killed in alcohol-impaired driving crashes across the United States in 2023 alone, accounting for roughly 30% of all traffic fatalities. One person died every 42 minutes in a drunk driving crash that year.
Our drunk driving lawyers in Miami are dedicated to representing victims and their families who are injured because of drunk driving accidents. We understand the pain that the entire family endures because of a person’s choice to operate under the influence. That’s why we’re committed to representing drunk driving victims in Miami-Dade County and throughout South Florida. Let us fight for you to receive the compensation that you need and deserve.
We’re proud of our legal track record of providing skilled, compassionate representation that’s tailored to your needs and focused on your success.
Compensation for Drunk Driving Accident Claims
After being injured in a car accident by a drunk driver, you suffer in more ways than one. Not only do you have physical pain, but you may also be dealing with piling medical expenses, the cost of property damage, the inability to work and mental and emotional anguish.
Our Miami car accident attorneys will help to fully value your case so that you get the maximum compensation for all your damages. You may be able to claim financial relief for:
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Economic damages |
Non-economic damages |
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Medical expenses and medical bills |
Pain and suffering |
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Rehabilitation and future medical care |
Emotional suffering and mental anguish |
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Medication costs |
Loss of enjoyment of life |
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Property damages |
Loss of consortium |
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Lost wages and lost income |
Inconvenience |
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Loss of future earnings |
Lifestyle changes |
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Travel costs |
Punitive damages (in qualifying cases) |
Don’t miss out on the compensation you deserve. Contact our experienced team of Miami drunk driving lawyers for professional legal support and advocacy.
Drunk driving in Miami and South Florida: the numbers
Florida ranks among the deadliest states for impaired driving crashes. According to the Florida Department of Transportation’s Impaired Driving Traffic Safety Facts, approximately 29% of Florida’s traffic fatalities involved impaired driving between 2018 and 2022. Fatalities were most frequent on Saturdays and during the months of March, December, and May.
Miami-Dade County, with its dense traffic corridors stretching from South Beach through Coral Gables to Kendall, sees a disproportionate share of these crashes. Neighborhoods along major arteries, including the Palmetto Expressway and I-95, are common locations for DUI collisions. Victims of a Miami DUI crash often face catastrophic injuries, from traumatic brain injuries to spinal cord damage and wrongful death.
Criminal court vs. civil claim: key differences in Florida
You may wonder if it’s worth bringing a drunk driving civil claim if there is already a criminal case in Florida. However, there are several distinctions between the two types of cases that may make a big difference in the amount of compensation that you receive.
Here’s why you should consider bringing a civil case after a drunk driving accident:
|
Factor |
Criminal case |
Civil claim |
|
Burden of proof |
Beyond a reasonable doubt |
Preponderance of the evidence (lower bar) |
|
Who initiates |
Prosecutor or district attorney |
The victim may file on their own |
|
Pain and suffering |
Not available |
Available, often the largest portion of a claim |
|
Purpose |
Justice for society |
Fair compensation for the victim |
|
Liable parties |
Only the accused |
May include employers, vehicle owners, and bars or restaurants |
|
Resolution control |
Decided by the court |
Only the victim decides whether to accept a settlement or go to trial |
|
Legal representation |
Court-appointed or private |
Victim chooses their own attorney, such as a personal injury lawyer experienced in DUI injury claims |
Florida DUI laws and your right to pursue compensation
Florida law provides that a drunk driver can be punished for operating a motor vehicle when their normal faculties are impaired. The law also provides that money damages can be awarded to punish this reckless behavior. In Florida, a driver who operates a car when their blood alcohol content is in excess of .08 g/dL is presumed to have operated the vehicle when their normal faculties were impaired.
According to Florida’s Impaired Driving Traffic Safety Facts, approximately 29% of Florida’s traffic fatalities involved impaired driving. This is a sobering reminder of why holding drunk drivers and negligent third parties accountable matters.
Insurance companies and their defense lawyers do not like to defend against drunk driver cases. A full and competent presentation of the DUI evidence by your lawyer is likely to cause the insurance company to pay a significantly higher settlement than in an auto accident that does not involve an intoxicated driver.
Florida’s modified comparative fault law (2023 amendment)
Florida Statute 768.81, updated in 2023 under House Bill 837, shifted Florida from pure comparative negligence to a modified comparative fault standard. Under this amended statute, any party found to be more than 50% at fault for their own harm cannot recover damages. This change makes evidence gathering and legal representation even more critical in drunk driving civil claims. Because a drunk driver is almost always overwhelmingly at fault, this law often works in the victim’s favor, but only if the case is properly documented and presented.
Florida Statute 627.737, set out in the 2025 Florida Statutes on the Florida Senate portal, allows a victim to bring a suit for pain, suffering, mental anguish and inconvenience when the victim suffers injuries that are:
- Serious or significant
- Permanent
- Scarring
- Disfiguring
- Fatal
Florida law 768.81 discusses negligence actions and provides for comparative fault and apportionment of damages. Drunk driving generally qualifies as negligence or a failure to take ordinary care for the safety of others. It may also be considered recklessness. When drunk driving causes an accident that results in serious injury to a victim, Florida law allows the victim to claim fair compensation for their injuries.
Evidence your lawyer must gather in a DUI accident case
Personal injury cases against drunk drivers are significantly more complex than other types of auto accident cases. It is important that your lawyer conduct a thorough investigation of the accident and gather all evidence that is necessary to prove that the at-fault driver who injured you was drunk. This evidence may include:
- The 911 tape
- The squad car video from the arrest
- A complete copy of the drunk driver’s court file to preserve all statements made regarding how much alcohol was consumed
- The results of the breathalyzer and field sobriety test
- Blood alcohol content test results from the hospital or law enforcement
- Witness statements from the scene and from any establishment that served alcohol to the driver
Evidence such as the squad car video and 911 tape will not be kept indefinitely and must be quickly obtained and preserved by your lawyer. Acting fast is critical, so contact us immediately after a Miami drunk driving accident to protect your rights.
Dram shop liability in Florida
In Florida, bars, restaurants and other establishments that serve alcohol have a duty not to serve a known alcoholic or someone underage. This is codified under Florida Statute 768.125, which holds establishments liable only when they willfully serve a minor or knowingly serve a person habitually addicted to alcohol. This is a narrower standard than many other states.
Dram shop liability applies in the following situations:
- A liquor establishment fails to check the identification of a person who drinks alcohol to make certain they are of legal age. The establishment is liable for any damages caused by that underage drinker, and also for any injuries suffered by the underage drinker.
- A bar or restaurant knowingly continues to serve a person who is habitually addicted to alcohol. The establishment is responsible for the damage done by that person.
- The alcohol was consumed at a party in a private home. The homeowner may be legally responsible for injuries caused by the drunk driver.
In 2024, the Florida Supreme Court confirmed that dram shop lawsuits involving underage patrons are negligence actions subject to the modified comparative fault rules under Section 768.81. You need an experienced lawyer who has handled numerous drunk driving cases to properly present your case. Can a bar be held liable for a drunk driver? Read more on our blog.
Punitive damages against drunk drivers
Under Florida law, insurance companies do not normally have to pay punitive damages, but only compensatory damages such as lost income, medical bills, and intangible damages such as pain and suffering. However, there are exceptions when insurance companies, employers, and vehicle owners are responsible for paying punitive damages.
Punitive damages may apply when:
- The owner of a vehicle was aware that an intoxicated driver was going to operate his or her car
- An employer failed to take away a car given to an employee after gaining knowledge that the employee had prior DUI arrests or convictions
- The defendant’s conduct amounts to gross negligence or intentional misconduct
The anger that drives organizations like MADD is well-founded. NHTSA data shows that drunk driving costs the United States $58 billion annually, and in 2023, 67% of alcohol-impaired-driving fatalities involved drivers with BACs of .15 g/dL or higher, nearly double the legal limit. These are not accidents; they are preventable tragedies that warrant punitive accountability.
The fact pattern that arises when a drunk driver injures or kills someone must be individually analyzed to determine whether punitive damages may apply in a given civil case.
Who can be held liable in a Miami drunk driving accident?
Drunk driving accident claims are not always limited to the intoxicated driver. Depending on the circumstances, multiple liable parties may share financial responsibility for your injuries:
- The drunk driver — the at-fault driver whose impairment directly caused the crash
- Vehicle owners — if the owner knowingly lent a car to someone who was drunk or had a history of DUI
- Employers — when an employee causes a DUI crash while on the job or using a company vehicle
- Bars, restaurants, and liquor establishments — under dram shop liability (Florida Statute 768.125)
- Private homeowners — if they hosted a party where alcohol was served to a minor or a person habitually addicted
- Rideshare or commercial vehicle companies — in certain situations where their drivers are impaired
Identifying all liable parties is one of the most important jobs your lawyer performs. More parties means more insurance policies and more resources available to provide financial relief. Our negligence attorneys can investigate every avenue of recovery on your behalf.
Steps to take after a drunk driving accident in Miami
If you or a loved one has been hurt by a drunk driver in Miami, the actions you take immediately after the crash can directly affect the strength of your personal injury lawsuit. Follow these steps:
- Call 911 and report the accident. Request police and emergency medical services. A police report documenting the other driver’s impairment is critical evidence.
- Seek medical treatment right away. Even if your injuries seem minor, some conditions like traumatic brain injury or internal bleeding take hours or days to present symptoms. Medical records create a documented link between the crash and your injuries.
- Document the scene. Take photos of vehicle damage, skid marks, traffic signs, and any visible injuries. Note whether the other driver appeared intoxicated.
- Exchange information. Get the other driver’s name, insurance details, and license plate number. Collect contact information from witnesses.
- Do not discuss fault or accept blame. Insurance adjusters may use anything you say against you later.
- Contact a Miami drunk driving accident lawyer. An attorney can preserve time-sensitive evidence like the 911 tape and squad car video, and protect you from insurance company tactics designed to minimize your claim.
Common injuries in Miami drunk driving accidents
Motor vehicle accidents involving an intoxicated driver tend to be more severe because drunk drivers often fail to brake or react before impact. Crash victims commonly suffer:
|
Injury type |
Why it matters for your claim |
|
Can require lifelong medical care and rehabilitation; often qualifies for punitive damages |
|
|
May cause partial or full paralysis; dramatically increases the value of a claim |
|
|
Chronic pain and limited mobility; frequently requires ongoing treatment |
|
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Broken bones and fractures |
Surgery, hardware implants, and extended recovery periods |
|
Internal organ damage |
Emergency surgery; life-threatening if not treated immediately |
|
Burns and disfigurement |
Permanent scarring qualifies under Florida Statute 627.737 for tort claims |
|
Surviving family members may file a separate wrongful death claim |
Does auto insurance cover DUI accidents in Florida?
Many crash victims worry about whether the drunk driver’s insurance will actually cover their damages. In Florida, personal injury protection (PIP) covers your own medical bills up to $10,000 regardless of fault, but that amount rarely covers the full cost of serious injuries from a DUI crash.
Beyond PIP, you can pursue the at-fault driver’s bodily injury liability coverage. If the drunk driver’s policy limits are too low to cover your losses, you may be able to recover additional compensation through your own uninsured/underinsured motorist coverage. Learn more about what happens when a claim exceeds insurance limits. You can also read our detailed guide on whether auto insurance covers DUI accidents.
Our lawyers for victims in drunk driving accidents in Miami are ready to help
The Bernstein & Maryanoff Injury Attorneys team has decades of experience fighting as lawyers for victims of drunk driving accidents in Miami. In fact, we dedicate our entire legal practice to helping injury victims. By working with each individual and their family to fight for justice, we make our community a better place.
Our experience, combined with our fully-resourced law firm, gives us a competitive edge as we handle even the most complex claims. Our goal is to hold wrongdoers accountable by helping you maximize your financial compensation and effectively navigate the legal system. Contact our team today for a free consultation.
The lawyers and staff at Bernstein & Maryanoff Injury Attorneys have the financial resources and experience to help you pursue the maximum compensation available for your injuries or loss in a DUI accident. From our principal office in Miami and numerous other offices across Florida, we represent clients throughout the state. We handle all cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Is drunk driving a felony in Florida?
Under Florida DUI laws, drunk driving can be charged as a felony depending on the circumstances. A third DUI conviction within 10 years is a third degree felony, punishable by up to five years in prison. Any DUI that causes serious bodily injury to another person is also a third degree felony. A DUI that causes a death can be charged as DUI manslaughter, which carries up to 15 years in prison.
For victims, criminal charges against the drunk driver are separate from the civil lawsuit. Even if the driver is acquitted in criminal court, you can still pursue compensation in a civil case because the standard of proof is lower. Learn more about whether drunk driving is a felony in Florida.
Miami drunk driving lawsuit FAQs
Contact Bernstein & Maryanoff Injury Attorneys for a free case evaluation
Our attorneys are accepting new cases, and your free consultation is always free. There are time limits that apply to bringing a claim, and it’s essential to work quickly to investigate and document your injuries. Bring your questions and let us help you understand what you may receive in compensation.
Contact us today by phone or message to begin. We serve injury victims throughout Miami-Dade County, including Miami Beach, Coral Gables, Hialeah, Kendall,Doral, and Fort Lauderdale.
Results you can trust
With a proven track record, extensive experience, and a passion for justice, the personal injury attorneys at Bernstein & Maryanoff, Injury Attorneys, are committed to protecting your rights. View our verdicts and settlements.
Additional Car Accident Resources:
- 10 Rights of Car Accident Victims in Florida
- Florida Car Accident Economic Damages
- How Much Is the Average Car Accident Settlement in Miami?
- How to Protect Yourself from Drunk Drivers
- How Many Accidents Are Caused by Drunk Driving?
- Blood Alcohol Content and Drunk Driving Explained
- Average Settlement for a Drunk Driving Accident
Areas We Service in Miami, Florida
Aventura | Coral Gables | Coral Springs | Cutler Bay | Doral | Davie | Fort Lauderdale | Hialeah | Hollywood | Homestead | Kendall | Miami Beach | Miami Lakes | Miramar | North Miami | Palmetto Bay | Pembroke Pines | Pinecrest | Pompano Beach | The Hammocks | Weston
Testimonials
Jack G. Bernstein has been practicing law since 1983 and it shows. His expertise in personal injury has gained him recognition in Miami and across the state of Florida. The unique strategy that led to his success rests on his passion for protecting his clients’ rights and genuine concern for those in need.