Miami Drunk Driver Crash Lawyer
A drunk driver’s bad decisions can change another person’s life forever. Alcohol impairs judgment, reaction time, coordination, vision, and the ability to respond appropriately to changing traffic conditions. When an intoxicated driver causes a collision in Miami, the resulting injuries can be severe, and the person responsible may have to be held accountable for the medical, financial, and personal consequences of the crash.
Sotolongo Law represents people injured in drunk driving accidents in Miami and throughout South Florida. We are a boutique personal injury firm with the experience and resources to take on major insurance companies and powerful defendants. Miami drunk driver crash lawyer Pedro P. Sotolongo has more than 20 years of personal injury experience, including five years representing defendants in medical malpractice cases. That background gives our firm an important perspective when an accident results in complex injuries requiring extensive medical treatment and expert evaluation.
Because We Care® is our firm’s guiding principle. We take the time to understand what happened, how the crash has affected you and your family, and what you may need to recover as fully as possible. If an intoxicated driver has injured you or someone you love, Sotolongo Law can investigate the circumstances of the collision and pursue the compensation available under Florida law.
Florida Law Prohibits Driving Under the Influence
Florida law prohibits operating or being in actual physical control of a vehicle while under the influence of alcohol that impairs a person’s normal faculties. The statute also establishes a blood-alcohol or breath-alcohol level of 0.08 or higher as a basis for a DUI violation.
Alcohol impairment can affect a driver’s ability to see clearly, judge distances, make decisions, respond to emergencies, and control a vehicle. A driver does not need to be visibly intoxicated to cause a serious accident. Even when a driver disputes being impaired, evidence from the crash investigation may help establish what occurred.
For someone injured in a drunk driving collision, the driver’s criminal case and the injured person’s civil claim are separate matters. A DUI arrest or conviction may provide important evidence, but an injured person does not have to wait for the criminal process to conclude before discussing a potential personal injury claim.
Investigating a Miami Drunk Driving Accident
Evidence can disappear quickly after a collision. Witnesses drive away, surveillance footage may be overwritten, vehicles can be repaired or destroyed, and electronic information may become more difficult to obtain. A thorough investigation therefore matters from the beginning.
Depending on the circumstances, valuable evidence may include the police crash report, DUI arrest records, field sobriety testing, breath or blood testing, witness statements, photographs, video footage, vehicle information, and statements made by the driver or other witnesses. Florida law provides specific rules concerning chemical testing and the use of alcohol-test results in civil and criminal proceedings. A blood, breath, or other test can have particular evidentiary significance when properly administered.
Florida law also provides for blood testing in certain cases involving death or serious bodily injury when a law enforcement officer has probable cause to believe that an impaired driver caused the injury.
The absence of a breath or blood test does not necessarily end the investigation. Other evidence may help establish that a driver was impaired or otherwise negligent. The facts of each crash must be evaluated individually.
Alcohol-Related Crashes Can Cause Catastrophic Injuries
Drunk driving crashes can involve high speeds, delayed braking, improper lane changes, wrong-way driving, running red lights, and other dangerous behaviors. The resulting impact can cause traumatic brain injuries, spinal cord injuries, fractures, internal injuries, amputations, burns, and other catastrophic conditions.
Some injuries are immediately apparent. Others may not become fully understood until days, weeks, or even months after a collision. A concussion, spinal injury, soft tissue injury, or internal injury can require continuing evaluation and treatment even when the initial emergency room examination does not reveal the full extent of the problem.
The financial consequences can also be substantial. An injured person may face emergency transportation, hospitalization, surgery, rehabilitation, prescription medications, physical therapy, follow-up appointments, and future medical care. Time away from work can result in lost income, while a permanent disability may affect future earning capacity.
A serious injury claim should account for the complete medical picture rather than simply adding up the first few medical bills.
Medical Knowledge Can Matter in a Serious Injury Claim
Pedro P. Sotolongo brings an unusual combination of legal and medical-case experience to personal injury litigation. Before focusing his practice on representing injured people, he spent five years practicing medical malpractice defense. That experience required him to understand not only the applicable law but also the medicine underlying complicated injury claims.
Every lawyer knows the law. Not every lawyer has experience analyzing medical issues from the perspective of medical malpractice litigation.
That distinction can matter when a drunk driving collision produces significant injuries. Understanding medical terminology, diagnostic testing, treatment recommendations, prognosis, and causation can help an attorney communicate more effectively with physicians and other medical experts. It can also help when reviewing medical records and preparing expert testimony.
Our approach is to understand the injury as thoroughly as possible so that the legal claim reflects the actual consequences of the crash.
Compensation After a Drunk Driver Crash in Miami
An injured person may be entitled to seek compensation for losses resulting from a drunk driver’s negligence. Depending on the circumstances, damages may include medical expenses, lost income, loss of future earning capacity, property damage, and compensation for the physical pain and emotional effects associated with the injury.
The value and scope of a claim depend on the specific facts. A relatively straightforward collision involving temporary injuries is different from a crash that results in permanent disability, extensive rehabilitation, or the death of a family member.
Florida’s comparative fault law can also become relevant if the defendant argues that the injured person contributed to the accident or to the resulting harm. Under the current statute, a party found more than 50 percent at fault for their own harm may not recover damages in a negligence action; even if less than 50 percent to blame, the award is reduced according to the claimant’s percentage of fault.
This is one reason it is important to investigate the entire accident rather than accepting an insurance company’s version of what happened.
Punitive Damages May Be an Issue in Some DUI Cases
A drunk driving case can raise questions beyond ordinary compensatory damages. Florida law permits punitive damages in appropriate circumstances when the evidence meets the statutory requirements for intentional misconduct or gross negligence.
Florida has a specific provision addressing punitive damages when the defendant was intoxicated. Section 768.736 provides that the ordinary statutory provisions governing the burden of proof and limitations on punitive damages do not apply to a defendant who was impaired by alcohol or drugs or who had a blood or breath alcohol level of at least 0.08 at the time of the conduct for which punitive damages are sought.
Whether punitive damages are available is highly fact-specific. It is not enough simply to assume that every drunk driving accident automatically results in punitive damages. The evidence and applicable law must be evaluated in the particular case.
Florida’s Dram Shop Law Might Also Apply
After a drunk driving crash, injured people sometimes ask whether a bar, restaurant, nightclub, or other establishment that overserved alcohol to a drunk patron can also be held responsible. Florida’s dram shop statute for the most part limits the liability of establishments for injuries caused by a person whom they served.
However, Florida Statutes section 768.125 provides two specific circumstances in which a person or business that sells or furnishes alcoholic beverages may become liable: 1) when alcohol is willfully and unlawfully furnished to a person who is not of lawful drinking age, or 2) when alcohol is knowingly served to a person habitually addicted to the use of alcoholic beverages.
These rules make an investigation into where and how alcohol was provided potentially important, but they also mean that a claim against an establishment cannot be assumed merely because the driver drank there before the crash. The facts must satisfy the applicable legal requirements, which are strictly written in favor of the establishment.
Insurance Companies May Not See the Crash the Same Way You Do
A drunk driving accident may appear straightforward when the other driver’s intoxication is obvious. That does not mean the insurance claim will be straightforward.
Insurance companies may investigate the severity of an injury, question whether particular treatment was necessary, dispute whether an injury was caused by the collision, or argue that some portion of the damages are attributable to a preexisting condition. They may also evaluate policy limits and the availability of additional insurance coverage.
The seriousness of an injury can become particularly important when future medical care is necessary. A settlement reached before doctors have a reasonable understanding of a person’s prognosis may fail to account for treatment and financial losses that develop later.
Sotolongo Law prepares cases with the possibility of litigation in mind. We are willing to negotiate when doing so serves the client’s interests, but we also prepare for the possibility that an insurance company or defendant may refuse to offer appropriate compensation.
Experience in the Courtroom Makes a Difference
Pedro P. Sotolongo spent five years practicing medical malpractice defense before dedicating his practice to personal injury representation. That combination of courtroom experience, personal injury litigation, and medical knowledge helps Sotolongo Law approach complex cases from multiple perspectives.
We are a small boutique firm, and that allows us to maintain a personal relationship with the people we represent. At the same time, our size does not mean we shy away from difficult cases or powerful opponents. We have taken on major defendants and insurance companies, and we prepare cases with the understanding that serious claims may require serious litigation.
We also serve all of Miami’s diverse Spanish-speaking families including Cuban, Venezuelan, Nicaraguan, Argentinian, and other Latin American and Hispanic communities throughout South Florida. Clear communication is an important part of our relationship with every client, particularly when an injury has disrupted nearly every part of daily life.
Frequently Asked Questions About Drunk Driving Accidents in Miami
What is the legal BAC limit for driving in Florida?
For purposes of Florida’s DUI statute, a blood-alcohol level of 0.08 grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 grams per 210 liters of breath meets the statutory threshold for a DUI violation. Florida law also prohibits driving when alcohol has impaired a person’s normal faculties, regardless of whether the person’s measured BAC reaches 0.08.
Can I sue a drunk driver who was arrested but not convicted of DUI?
A criminal DUI case and a civil personal injury claim are separate proceedings. A DUI arrest or conviction can be relevant evidence, but a civil claim still depends on the evidence establishing negligence, causation, and damages. The circumstances should be evaluated independently rather than assuming that the outcome of the criminal case determines the civil claim.
Can I sue the bar or restaurant that served the drunk driver?
Possibly, but Florida’s dram shop law is narrow. Under section 768.125, an establishment may potentially face liability when it willfully and unlawfully furnishes alcohol to a person who is not of lawful drinking age or knowingly serves someone who is habitually addicted to alcohol.
Can I recover punitive damages after a drunk driving accident?
Punitive damages may be available in appropriate circumstances, but they are not automatic in every DUI accident. Florida law has specific standards governing punitive damages, including provisions addressing defendants who were intoxicated at the time of the conduct.
What should I do after being hit by a drunk driver in Miami?
Seek medical attention, report the collision to law enforcement, preserve photographs and other evidence, and obtain information about the vehicles and people involved. Avoid giving an insurance company a detailed statement about the extent of your injuries before you understand your claim. If the accident caused significant injuries, speaking with a personal injury attorney promptly can help preserve evidence and identify potential sources of compensation.
Contact a Miami Drunk Driver Crash Lawyer
If you or someone you love has been injured by a drunk driver in Miami, you do not have to face the insurance companies and legal process alone. Sotolongo Law can investigate the crash, examine the available evidence, work with medical professionals and other experts, and pursue compensation for the injuries and losses caused by the collision.
With more than 20 years of personal injury experience, Pedro P. Sotolongo understands both the courtroom and the medical issues that can determine the outcome of a serious injury case. We are prepared to stand up to insurance companies and other defendants while providing the personal attention you expect from a boutique firm.
Contact Sotolongo Law today for a free consultation. We handle personal injury cases on a contingency-fee basis, which means you owe no attorney’s fee unless we obtain a recovery for you. If a drunk driver has injured you or a family member in Miami or elsewhere in South Florida, call Sotolongo Law and let us put our experience to work for you. Because We Care®.