Drunk driving accidents frequently result in devastating injuries, significant expenses, and a life completely changed by someone else’s bad decision. What’s even worse is that drunk driving accidents are all preventable—getting into a car while intoxicated is a choice, and an extremely deadly one. Those who unfortunately cross paths with a drunk motorist need their rights protected and their needs met. If you have been a victim of such a horrific accident, our team of Fort Lauderdale drunk driving accident attorneys at Meldon Law wants to help you get through this dreadful ordeal and provide you with the legal assistance that you need.
What Is Considered Drunk Driving in Fort Lauderdale?
Fort Lauderdale does not play around when it comes to drunk driving. There are extensive laws that protect victims of DUI crashes. They include significant charges for repeat offenders, mandatory blood alcohol testing for all drivers who are involved in crashes that result in serious injuries, and specific dram shop laws that hold establishments liable for continuing to serve intoxicated individuals.
Under Florida law, a motorist is guilty of a DUI if they are in actual physical control of a vehicle and have a blood alcohol content of 0.08% or more, or are otherwise intoxicated by a chemical or illegal substance.
Can You Sue a Drunk Driver in Fort Lauderdale?
Negligence
The good news is that yes, in Fort Lauderdale, you can sue a drunk driver for your injuries and damages. However, to win a drunk driving accident claim, you must prove that your injuries resulted from the drunk driver’s negligence.
To make this happen, you need to provide evidence for the following:
- The defendant owed you a duty of reasonable care.
- They breached this duty.
- As a result of this breach, they caused your injuries.
Proving negligence is not an easy feat and requires extensive evidence for each of these elements. An experienced Fort Lauderdale drunk driving attorney can help you gather the information you need to prove your claim.
Negligence Per Se
If a drunk driver is convicted of the crime of drunk driving, injured victims can instead pursue compensation under the legal theory of negligence per se. This means that because the driver violated a statute created to protect a particular class of individuals from a type of injury, they are automatically liable for the injuries they caused, and the victim’s attorney does not need to prove the specific elements of negligence described above for a court to find the drunk driver liable. Working with a Fort Lauderdale drunk driving attorney can help you figure out if negligence per se might apply in your case.
No Win, No Fee—Let Our Fort Lauderdale Drunk Driving Accident Lawyer Fight for You!
Common Drunk Driving Accident Injuries
Even though each drunk driving accident is unique, some significant injuries frequently result from this tragic type of accident. These can include:
- Head and neck injuries;
- Spinal cord injuries;
- Broken bones;
- Brain injuries
- Paralysis; and
- Soft tissue damage.
"Some of the staff have been there for many years and they always make me feel welcomed when I contact them. They have been so much help over the years. Meldon Law’s knowledge and experience always gets the job done right and my results haven amazing."
Catherine P.
December 2024
"It has been a real pleasure to deal with Jeffery and Stacy. Jeffery is all about his clients. What is best for the clients well being. He is a great attorney. If you need an accident attorney or a referral this is the man to be talking with. He will now be my attorney for life. Jeffery and Stacy, thank you ever so much."
Hazel J.
March 2025
"Jeffrey and his team were great throughout the whole process of my settlement for an auto accident! They handled everything which made it much easier on me! They were able to navigate the ins and outs of the insurance companies and helped me receive my settlement in a timely manner! Great customer service all around. Would definitely recommend them! They made it much easier to move on from my auto accident! Thanks again!"
Justin W.
April 2024
"My first experience with meldon was amazing. The whole staff willing to talk and listen. They were very helpful and guided me threw the whole process. If you went anywhere else I’m sorry for you !!!!!"
Jabari A.
June 2024
What Damages Can You Recover?
People who have suffered injuries in a drunk driving accident often need significant medical treatment, sometimes for the rest of their lives. Victims of these horrific crashes are legally able to seek fair compensation not only for themselves but for their families, as well.
That’s why if you have suffered injuries in a drunk driving accident in Fort Lauderdale, you may be able to recover the following damages:
- Compensation for current and future medical bills;
- Compensation for current and future lost wages;
- Compensation for lost earning capacity; and
- Compensation for pain and suffering and other damages.
In some instances, relatives of someone who was killed in a drunk driving accident can recover the following:
- Compensation for funeral expenses;
- Compensation for their loved one’s accident-related medical expenses; and
- Compensation for loss of companionship and other damages.
How Much Time Do I Have to File a Claim?
Under Florida’s statute of limitations laws, you have four years from the date of the accident to initiate a personal injury claim. If you had a loved one die in a drunk driving accident, you have two years from the date of the accident to file a wrongful death claim.
Dram Shop Laws
Usually, when drunk driving accidents happen, the intoxicated at-fault driver is held responsible for the victim’s injuries and damages. In addition, Florida has passed dram shop laws, which allow a victim to hold an establishment liable for an alcohol-related motor vehicle accident in two instances:
- Minors: If an establishment serves alcohol to someone under the age of 21, whether they know that person’s age or not, they can be held strictly liable for any drunk driving accident the minor causes.
- Alcohol abuse: If an establishment knows that an individual has a history of alcohol abuse and continues to serve them anyway, they can be responsible for any drunk driving accident that person causes.
Your attorney can investigate the accident and find out if an establishment in Fort Lauderdale is also to blame for your injuries, which, if they are found guilty, can help you recover all of your damages.
How Can Our Fort Lauderdale Drunk Driving Accident Attorneys Assist You?
Drunk driving accidents are not only devastating but extremely complicated, as well. They require extensive evidence, research, and investigation. Hiring an experienced Fort Lauderdale drunk driving accident attorney can help you get through this tedious process while you focus on your recovery and healing.
Whether you need help negotiating a settlement or presenting your case at trial, your attorney will know how to help you assert your claims in the best light possible by gathering the following critical evidence:
- Police reports from the accident;
- Police videos from the accident;
- Any witness statements that support your claim;
- Urine, blood, and breathalyzer tests done on the at-fault driver; and
- Accident-related medical records.
At Meldon Law, we know the struggles and concerns that accident victims face. If you or a loved one has been the victim of a drunk driving accident in Fort Lauderdale, we want to help you seek the compensation you deserve. Let us fight for your damages, including the never-ending medical bills and the other significant costs you have had to endure. Do not wait any longer. Contact our Fort Lauderdale personal injury lawyers to discuss your accident and injuries today.
Fort Lauderdale Drunk Driving Accident FAQs
Can I sue a drunk driver in Florida even if I was partially at fault?
Yes. Florida’s comparative negligence law allows you to recover compensation even if you were partly responsible for the accident. Your damages may be reduced by your percentage of fault, but a drunk driver’s impairment significantly increases their liability. A Fort Lauderdale drunk driving accident lawyer at Meldon Law can gather evidence, such as police reports and toxicology results, to prove the intoxicated driver’s primary fault and maximize your recovery.
Are bars or restaurants legally responsible for drunk driving accidents they contribute to?
Sometimes. Under Florida’s Dram Shop Law, bars, restaurants, or clubs can be held liable if they serve alcohol to a person under 21 or someone known to be habitually addicted to alcohol who later causes an accident. While these cases are complex, our Fort Lauderdale drunk driving accident attorneys can investigate whether an establishment’s negligence played a role and pursue compensation from every responsible party.
Can passengers in a car accident caused by a drunk driver file a claim in Fort Lauderdale?
Yes. Passengers who are injured in a drunk driving crash have the right to seek compensation for their injuries, regardless of which vehicle they were in. Claims can be made against the intoxicated driver, their insurance, or other liable parties. A Fort Lauderdale drunk driving accident lawyer at Meldon Law can handle the legal process while you focus on recovery and medical care.
What if the drunk driver who hit me doesn’t have insurance in Fort Lauderdale?
You still have options. If the at-fault driver is uninsured or underinsured, your own auto insurance policy may provide coverage through uninsured/underinsured motorist (UM/UIM) protection. If that coverage is unavailable, our Fort Lauderdale DUI accident attorneys can explore alternative sources of compensation, including personal assets or third-party liability, to help you recover the damages you deserve.
