Fort Lauderdale Drunk Driving Accident Lawyer
A crash caused by an impaired driver in Broward County usually runs on two tracks at once: a criminal case the State brings against the driver, and a civil claim you bring to recover what the crash cost you. They move at different speeds, answer to different standards, and the outcome of one does not decide the other. Spencer Morgan Law represents injured people in Fort Lauderdale and across Broward County, along with the rest of Greater Miami and the State of Florida, and works to pursue the compensation a Fort Lauderdale drunk driving accident lawyer can help a victim recover from the driver, the insurers, and sometimes a third party that contributed.
The civil side is where your medical bills, lost income, and long-term recovery get addressed. A DUI arrest helps your case, but it does not pay your hospital bill. Insurance carriers still investigate, still dispute injuries, and still look for reasons to pay less.
How a Drunk Driving Injury Claim Differs From an Ordinary Crash Claim
In a typical collision, much of the fight is over who was at fault. Impaired-driving cases often shift that fight. A breath or blood result, field sobriety observations, bar receipts, and the arresting officer’s report can make fault far less contestable. That frees up more of the case to focus on what matters to you: the full scope of your injuries and what they will cost over time.
The criminal case still matters to the civil one, though not in the way many people expect. A conviction or plea can be useful evidence. But an acquittal, a reduced charge, or a prosecutor who never files does not end your claim. The civil case is judged by a lower standard of proof, so a driver can escape a criminal conviction and still be held financially responsible.
Drunk driving cases can also open the door to punitive damages in appropriate circumstances, which are meant to punish especially reckless conduct rather than simply repay losses. Whether that is realistic in your case depends on the facts, including how impaired the driver was and what else they did.
Who Can Be Held Responsible Besides the Driver
Many impaired drivers carry only the minimum insurance Florida requires, and some carry less than they should. That makes it worth looking carefully at everyone who may share responsibility. A Fort Lauderdale injury attorney will look at the driver first, then widen the lens.
Florida’s dram shop rule is narrower than many people assume. A bar, restaurant, or liquor retailer that serves an adult is generally not liable for what that customer later does while intoxicated. The statute carves out two exceptions: knowingly serving someone who is not of lawful drinking age, and knowingly serving a person who is habitually addicted to alcohol. The rule reaches liquor licensees, not private social hosts, so a friend who poured drinks at a house party is generally not exposed the same way.
Other potentially responsible parties include an employer when the driver was on the job, the owner of a vehicle lent to an impaired driver, and a rideshare or commercial operator. Your own insurance can also matter. Uninsured and underinsured motorist coverage, if you carry it, may become the realistic source of recovery when the at-fault driver has little to pay with.
Types of Impaired-Driving Crashes We See in Broward County
- Head-On and Wrong-Way Collisions: Impaired drivers sometimes enter a roadway in the wrong direction or drift across a center line. These crashes tend to cause the most catastrophic injuries, including traumatic brain injury and spinal damage.
- Rear-End Collisions at Intersections: A driver whose reaction time is dulled by alcohol fails to stop for traffic or a red light. Whiplash, disc injuries, and knee and shoulder damage are common results.
- Crashes Involving Pedestrians and Cyclists: Fort Lauderdale’s beachfront, Las Olas corridor, and nightlife districts put people on foot and on bikes near drivers leaving bars and restaurants late at night.
- Late-Night Highway and Interstate Wrecks: High-speed impact on I-95, I-595, or the Florida Turnpike can turn a single impaired driver into a multi-vehicle pileup with several injured families.
- Rideshare and Taxi Collisions: Passengers and drivers can be hurt by a separate impaired motorist, and coverage questions become more layered when a rideshare company is involved.
- Boating and Watercraft Incidents: Broward’s waterways bring heavy recreational traffic, and alcohol is a recurring factor in watercraft collisions that injure passengers and swimmers.
- Wrongful Death Cases: When an impaired driver kills someone, the family may bring a claim for the loss of companionship, mental pain and suffering, and the estate’s losses.
What to Do After a Drunk Driving Crash in Fort Lauderdale
Get medical care first, and do it quickly. Florida’s no-fault personal injury protection coverage pays nothing toward medical treatment unless you get initial services within 14 days of the crash. The full $10,000 limit is only available if a qualified provider determines you have an emergency medical condition; without that finding, benefits top out at $2,500. PIP pays 80 percent of medical expenses and 60 percent of lost wages regardless of who caused the crash, so missing that window is an avoidable and costly mistake.
Call 911 so police respond and document the scene. If the other driver is impaired, an officer’s observations and any chemical test results become some of the most valuable evidence you will have. Ask for the report number. Photograph the vehicles, the intersection, your injuries, and anything that shows the other driver’s condition, such as open containers. Collect names and contact details for witnesses, because bystanders often see things the report leaves out.
Be careful with the insurance adjuster. You do not have to give a recorded statement to the at-fault driver’s carrier, and an offhand remark about feeling “okay” at the scene can be quoted back at you later. Avoid posting about the crash or your recovery on social media. Keep every bill, pay stub, and medical record in one place.
On timing, Florida’s general negligence deadline is now two years for claims that accrued on or after March 24, 2023, down from the previous four. A wrongful death action generally must be filed within two years of the date of death. If a government entity is involved, such as a county vehicle or a poorly maintained road, written notice requirements and damage caps apply and the process works differently. Civil cases of this size are filed in the circuit court for Broward County, the Seventeenth Judicial Circuit, which sits in Fort Lauderdale. Appeals from that circuit go to the Fourth District Court of Appeal.
A common mistake is waiting for the criminal case to finish before acting on the civil claim. The clock on your civil deadline keeps running regardless of what happens in criminal court.
How Fault Percentages Can Affect Your Recovery
Florida’s comparative fault rules matter even when the other driver was drunk. If a jury assigns you more than 50 percent of the fault for your own harm, you recover nothing. At 50 percent or less, your award is reduced by your share. Insurers know this and sometimes try to pin a slice of blame on a victim who was speeding slightly, not wearing a seatbelt, or crossing outside a crosswalk.
In most negligence cases, each defendant answers only for its own percentage of fault rather than being on the hook for the whole judgment. That makes identifying every responsible party more than a formality. If a bar, an employer, or a vehicle owner shares blame, naming them can be the difference between a recovery that covers your care and one that does not.
Why Choose Spencer Morgan Law for a Drunk Driving Injury Case
People usually come to Spencer Morgan Law after a crash that has left them with mounting medical bills, a car that cannot be driven, and an insurer that is already asking questions.
The firm’s results show the range of cases it has handled: a $1,000,000 semi-truck crash recovery, a $1,000,000 auto accident settlement, and multiple policy limits recoveries, including cases where the insurer first denied liability. Policy limits cases matter in drunk driving matters, where the at-fault driver’s coverage is often the ceiling on what can be collected without reaching further assets or other coverage.
Clients consistently describe the same things: frequent updates, calls and emails that get returned, and a team that explains each step. The firm does more than file a claim. It helps clients get vehicles repaired, pursue fair reimbursement for total losses, resolve medical bills, and obtain needed medical care. You pay no fee unless the firm recovers, consultations are confidential, and Spanish-language services are available.
Serving Drunk Driving Accident Victims Across Broward County
The firm represents injured people in Fort Lauderdale and throughout Broward County, from downtown and the Las Olas area through Victoria Park, Rio Vista, Wilton Manors, Oakland Park, and Lauderdale-by-the-Sea. We also help clients in Hollywood, Hallandale Beach, Dania Beach, Pembroke Pines, Miramar, Davie, Plantation, Sunrise, Tamarac, Lauderhill, Coral Springs, Pompano Beach, and Deerfield Beach.
Our work reaches south into Miami-Dade County, including Miami, Miami Beach, Coral Gables, Hialeah, Doral, and Kendall, and extends across the State of Florida. Whether the crash happened on a Broward arterial road, a Miami-Dade interstate, or a county road elsewhere in the state, the firm can evaluate the claim and explain your options.
Frequently Asked Questions About Drunk Driving Accident Claims
Do I still have a claim if the driver was never arrested?
Yes. A civil claim does not depend on an arrest or conviction. Evidence of impairment can come from witness accounts, bar or restaurant records, photographs, medical records, and the driver’s own statements, and the civil standard of proof is lower than the criminal one.
How long do I have to file a lawsuit?
For negligence claims that accrued on or after March 24, 2023, Florida allows two years. Earlier claims keep the previous four-year period. Wrongful death actions are generally two years from the date of death. Claims involving a government entity carry their own written-notice requirements, so identify those early.
Will the criminal case help my civil case?
It can. A guilty plea, conviction, test results, and police findings can all support your claim. But the civil case stands on its own, and you do not need a conviction to recover.
What if the drunk driver has little or no insurance?
Your own uninsured or underinsured motorist coverage may help, if you purchased it. Other responsible parties, such as an employer or vehicle owner, may also carry coverage. A review of your policy and the facts of the crash will show where recovery is realistic.
Can I recover from the bar that served the driver?
Only in narrow circumstances. Florida generally shields licensed sellers from liability for a customer’s intoxication, except when they knowingly serve someone under the lawful drinking age or someone habitually addicted to alcohol. Private social hosts are generally not covered by this rule.
Does my own health insurance matter while the claim is pending?
It can. Where you have coverage other than Medicare or Medicaid, the amount that coverage is obligated to pay the provider, plus your share, can be used as evidence of your past medical expenses. How you pay for treatment affects how those costs are later presented.
What is a letter of protection and could it affect my case?
It is any arrangement where a provider treats you in exchange for a promise to be paid from your settlement or judgment. Florida law requires you to disclose it, along with whether you were referred to the provider and by whom, before claiming those expenses. Talk to a lawyer before agreeing to this kind of arrangement.
What if I was partly at fault for the collision?
Your share of fault reduces your award, and if it exceeds 50 percent you generally recover nothing. Insurers often try to push blame onto victims, so having a lawyer scrutinize the evidence on fault matters.
Can a family recover if a loved one died in a drunk driving crash?
Yes. A wrongful death claim allows eligible survivors to seek damages such as a spouse’s loss of companionship and a parent’s mental pain and suffering over a deceased minor child, along with the estate’s losses. All beneficiaries must be identified in the complaint, and the filing deadline is generally two years.
How long does a drunk driving injury case take?
It depends on the severity of the injuries, whether liability is contested, and how much coverage is available. Cases with serious injuries often take longer because treatment has to reach a stable point before the full value of the claim can be assessed.
Is it worth hiring a lawyer if my injuries seem minor?
Often, yes. Some injuries, such as disc problems or joint damage, take time to show up fully, and early settlement offers tend to undervalue them. Because the firm charges nothing unless it recovers, a consultation costs you nothing to learn where you stand.
Talk to a Fort Lauderdale Drunk Driving Accident Attorney
If an impaired driver injured you or took someone you love, a Fort Lauderdale drunk driving accident attorney at Spencer Morgan Law can review what happened, explain your coverage options, and tell you plainly what the claim may be worth. The consultation is confidential, you pay nothing unless the firm recovers, and Spanish-language help is available.
Call today to schedule your consultation. The sooner the evidence is preserved and the deadlines are mapped out, the stronger your position will be.
