Miami Drunk Driving Accident Attorneys
We Can Hold Negligent Drunk Drivers Responsible in Miami, FL
Millions of Americans understand the negative consequences that come with drinking and getting behind the wheel. Not only is drunk driving illegal in the United States, which means you can be fined and arrested, but it can also lead to accidents resulting in serious injuries and fatalities. Unfortunately, countless people still drink and drive, putting the lives of others at risk. According to the Centers for Disease Control and Prevention (CDC), 29 people die every day in car accidents caused by alcohol-impaired drivers. That means one death occurs every 50 minutes.
Rossman, Baumberger, Reboso & Spier, P.A. has more than 200 years of collective experience that we can put to work for you after you have been injured by a drunk driver. While drunk drivers may be facing penalties for their crimes, you will need to file a civil claim, or personal injury claim, to secure financial compensation for your damages. Our Miami drunk driving accident lawyers can help you through the process.
Call (305) 900-5493 to access your free consultation after you have been injured by a negligent driver, or fill out our online form. Our drunk driving accident lawyers in Miami are committed to helping our Florida-based clients.
Florida’s DUI Laws
In the state of Florida, drivers can be arrested for driving under the influence (DUI) if they are found to be operating a vehicle with a blood alcohol concentration (BAC) of .08% or higher. Drivers found in violation of state laws can face jail time, fines, license revocation, and may be required to use an ignition interlock device (IID) depending on the offense.
The breakdown of penalties are as follows:
- First offense: Drivers may receive up to 6 months of jail time, fines from $500 to $1,000, license revocations of 180 days to one year, and IID for 6 months, especially if the driver's BAC was .15% or more.
- Second offense: Convicted drivers receive up to 9 months of jail time, fines from $1,000 to $2,000, license revocations of 180 days to one year, and may be required to use an IID for five years.
- Third offense: After three or more DUIs, the DUI is a felony and will require 30 days to five years in jail, fines of at least $4,000, and a ten-year driver’s license revocation.
If you, the victim, wish to receive compensation, you will need to file a civil claim, which is separate from a criminal charge. You may be able to seek compensation for damages such as medical expenses, pain and suffering, lost wages, property damage, and more.
What to Do After a Drunk Driving Accident in Miami
Taking the right steps after a drunk driving collision in Miami can help protect your rights, strengthen your claim, and give your case the best chance for success.
Here’s what you should do:
- Ensure everyone's safety: Pull your vehicle to a safe place if possible and check for injuries.
- Call 911 immediately: Promptly notify law enforcement and request medical assistance if needed.
- Document the scene carefully: Take photographs of the vehicles, roadway, accident debris, and surroundings to capture valuable evidence for your drunk driving accident attorney in Miami.
- Obtain information from the other driver: Exchange insurance and contact details, but avoid discussing fault directly.
- Collect names and statements from witnesses: Getting independent perspectives can make a substantial difference later.
- Request a copy of the police report: Miami Police Department and Miami-Dade Police reports are crucial for any claim.
- Record your observations: Jot down any signs of intoxication you notice about the other driver, such as slurred speech or the smell of alcohol.
- Seek medical attention promptly: Even if you feel fine, get checked as injuries sometimes appear later.
- Contact a drunk driving accident lawyer in Miami: Professional legal guidance from a local firm can be critical for your recovery and navigating local court processes.
Be careful with insurance adjusters and don't give any recorded or written statements without first consulting with your legal team. Insurers representing drivers in Miami may try to pressure injury victims into quick, low settlements. In addition, be sure to keep detailed records of all medical visits, test results, and expenses related to your injuries.
What Happens If the Drunk Driver Is Underage?
In Florida, drivers are not allowed to have a BAC of .08% or more, and drivers under the age of 21 are prohibited from having a BAC of .02% or more. If the driver is underage, their violation is not considered a criminal offense. However, the driver will have their license suspended for six months (or a year, if it is a second offense). The underage driver must also complete a DUI education program in order to reinstate their license.
If you were injured by an underage drunk driver, different parties can be held responsible. In some cases, parents can be held accountable for their children’s driving, but Florida’s dram shop laws also allow injured individuals to seek compensation from the establishment that served alcohol to the at-fault driver. If a bar, for example, served the driver knowing they were a minor or already intoxicated, the establishment may also be at fault.
When Do Drunk Driving Accidents Most Commonly Occur?
Studies conducted by the National Highway Traffic Safety Administration (NHTSA) in 2011 show that most drunk driving accidents occur between the hours of midnight and 3am. Data shows that during this timeframe about 55% of drivers involved in fatal crashes were alcohol-impaired at the time. One way to reduce your risk of being involved in a drunk driving accident is to stay off the roads late at night.
How Can You Recognize the Signs of a Drunk Driver?
Recognizing a drunk driver on the road can help you avoid an accident and report the driver before they harm others.
Here are seven common signs that someone is driving under the influence:
- They rapidly accelerate or decelerate or brake suddenly without cause.
- They are tailgating other drivers.
- They are weaving across the road or struggling to stay in their own lane.
- They have delayed reactions to traffic signals.
- They are driving significantly under the speed limit.
- They are driving on the wrong side of the road or into oncoming traffic.
- They strike or almost strike the curb, other vehicles, or objects.
If you believe you see a drunk driver on the road, report them immediately by calling 911 and providing your location and a description of the vehicle.
Types of Damages Available After a Drunk Driving Accident in Miami
Victims of drunk driving accidents in Miami often face substantial medical costs, emotional trauma, and time away from work during recovery. It is important to know what compensation might be available through a claim so you can make decisions about your path forward.
Drunk driving accident victims may be entitled to receive compensation for:
- Medical expenses for immediate and ongoing care
- Rehabilitation and therapy costs
- Lost wages
- Property damage for vehicle repairs or replacement
- Pain and suffering
- Loss of earning capacity
As Miami drunk driving accident attorneys, we are experienced in investigating claims to accurately document the extent of our clients’ losses. We draw on our decades of experience and local resources to prepare each claim as thoroughly as possible, always with the goal of supporting our clients’ well-being.
You and your loved ones deserve justice after a traumatic accident. Call our drunk driving accident attorneys in Miami to begin filing your claim at (305) 900-5493.
What Our Clients Think
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"I still cannot thank you and your team enough"
Good morning Sir! Well today would have been my official retirement day from Amtrak had things not gone the way they did. I still cannot thank you and your team enough for all you did for me. I hope you had a joyous Thanksgiving and you and all those you hold dear have a safe and prosperous holiday season. You are a good man Mr. Spier, don’t you ever forget it.- Anonymous -
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Words can’t express the gratitude I have for the entire entourage, thank you all so much for everything. Truly felt blessed knowing you had my best interest in your heart and treating my family like your own. Danny, enjoy retirement, you deserve it…don’t be surprised if I occasionally reach out from time to time. That’s again.- Greg, Krissi & Family -
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Why Choose Rossman, Baumberger, Reboso & Spier, P.A.?
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Over 200 Years of Experience Combined
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Won $900 Million in Verdicts & Settlements
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Free Initial Consultation
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Committed to Our Community
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Serving Clients for Over 50 Years
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Dedicated to Helping You Get Your Life Back