Being hit by a drunk driver is traumatic on every level. You face serious injuries caused by someone who made a deliberate choice to drive impaired. As a drunk driver accident victim in Florida, you have civil rights that are completely separate from any criminal case against the driver. Understanding those rights — and acting on them without delay — is how you recover everything you are owed. An experienced Orlando car accident attorney can explain your legal options and guide you through every step of the process.
The Civil Case for a Drunk Driver Accident Victim
When a drunk driver causes a crash in Florida, two separate legal processes can begin. The criminal case is handled by the state. Prosecutors decide whether to charge the driver with DUI, and any conviction can result in fines, license suspension, or imprisonment. You have no direct control over that process, and a not-guilty verdict does not prevent you from pursuing your civil claim.
Your civil case is different. You file it yourself — or through an attorney — against the driver and any other responsible parties. The civil case uses a lower standard of proof than a criminal conviction. You do not need to wait for the criminal case to resolve before pursuing compensation. Florida’s statute of limitations for personal injury claims is two years from the date of the crash, which is why starting early is important.
A DUI conviction is powerful evidence in your civil case, but it is not required to win. Your attorney can prove impairment using police reports, breathalyzer results, witness statements, and toxicology records. Read how DUI accident claims work in Florida and what our attorneys do to build a strong case for victims.
Punitive Damages Are Available to Drunk Driver Accident Victims
Florida law allows victims to seek punitive damages — money awarded not to compensate your losses but to punish the at-fault driver’s conduct. Punitive damages are not available in most car accident cases. They require proof of intentional misconduct or gross negligence.
Drunk driving qualifies. Florida courts have consistently held that choosing to drive at or above the legal limit of 0.08 g/dL meets the gross negligence standard. Under Florida Statute § 768.736, the typical cap on punitive damages is removed entirely when the defendant was impaired. The result is that victims can pursue an uncapped punitive award — a significant tool that can dramatically increase the total value of a case.
According to the National Highway Traffic Safety Administration, 12,429 people died in alcohol-impaired driving crashes in 2023 — one every 42 minutes. These deaths are preventable, and Florida’s civil law reflects society’s demand that impaired drivers be held fully accountable for the harm they cause.
Dram Shop Liability and Third-Party Claims
In some cases, the bar or restaurant that served the drunk driver may share civil liability. Florida’s dram shop law — Florida Statute § 768.125 — limits liability to situations where the establishment willfully served alcohol to a minor or knowingly served a person who was habitually addicted to alcohol. When those facts apply, the establishment and its liquor liability insurance policy become an additional source of recovery for any drunk driver accident victim.
An Orlando car accident attorney will investigate every angle — the driver’s insurance, any dram shop claim, and your own underinsured motorist coverage. We also handle wrongful death claims when a drunk driving crash is fatal. Visit our drunk driving accidents page to learn more about what our clients have recovered.
Call 407-846-2240 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Convenient locations throughout Central Florida, including Orlando, Kissimmee, Apopka, Palm Bay, Ocala, Haines City, and Davenport.
