Florida is a popular warm-weather destination for students and tourists and a great place to live. However, drunk driving accidents are a real problem on Florida’s roadways. Driving impaired has real consequences that negatively impact thousands of Floridians each year.
Parrish & Goodman, Attorneys at Law, have handled a multitude of civil cases representing innocent victims who have been injured or killed by a drunk driver in Florida. Below are some insights, through Parrish & Goodman’s vast experience, regarding drunk driving cases in Florida.
Drunk Driving Is a Significant Problem
“As a state built on freedom, Florida welcomes people to visit, travel, and enjoy the best our state has to offer. We are a state that puts public safety and order first, and so there are no excuses when it comes to driving while impaired,” FLHSMV Director Dave Kerner said. “Impaired driving – whether from alcohol or drugs – has real consequences, and the Florida Highway Patrol will look for and punish those caught breaking the law.”
Here are some sobering statistics that reveal the problem’s depth:
- In 2021, there were 38,000 DUI cases in Florida that involved a crash. Out of these, 5,111 drunk drivers were under the influence of alcohol, 747 were under the influence of a single drug, and 414 were under the influence of multiple substances.
- In 2023, the Department of Florida Highway Safety and Motor Vehicles recorded 394,965 vehicle crashes, with 3,423 fatalities and 252,253 injuries.
- Among the numbers above, 275 of the 3,423 vehicle crash fatalities were a result of alcohol and and/or drug impairment. That equates to about 8% of all crashes with fatalities in Florida.
- As of 2024, about 5.09 drunk drivers out of 100,000 licensed drivers are involved in fatal DUI accidents. Similarly, 3.90 per 100,000 state residents are killed in car accidents involving a drunk driver.
- Florida’s alcohol-impaired driving fatalities rate (per 100,000 population) is higher than the national average.
Drunk driving is a serious offense in Florida, and it can have severe legal consequences. If you’ve been involved in an accident with a drunk driver, it’s essential to understand your rights and the legal options available to you.
Florida Law and Driving While Intoxicated
Driving under the influence is a criminal offense under Florida law. If it causes serious injury, it is classified as a third-degree felony and can lead to a maximum of five years in prison. If it results in a fatality, it is considered a second-degree felony and can result in up to 15 years behind bars.
DUI is also a form of negligence. However, a certain threshold of evidence is required to prove the victim worthy of compensation. Victims must prove:
- The driver had a duty to the injured party to practice caution
- That duty was breached
- As a result of that breach, the plaintiff was injured
The same principle applies to bars that unlawfully sell alcohol to minors (in violation of Florida’s Dram Shop laws), vehicle owners who lend their cars to unsafe drivers (known as dangerous instrumentality or vicarious liability), and commercial firms that hire drivers with a questionable history of driving.
Florida Drunk Driving Claims
If you have been a victim of a drunk driving accident, it’s crucial to seek legal counsel to understand the options available to you. An experienced drunk driving accident attorney can guide you through the legal process and help you seek the compensation you deserve. You could be awarded both economic and non-economic damages if you win your case, including:
- Monetary compensation for lost wages
- Compensation for diminished earning capacity
- Reasonable and necessary medical expenses
- Property damage
- Funeral expenses
- Pain and suffering
- Disability
- Disfigurement
- Diminished quality of life
- Lost consortium
- Lost companionship
- Emotional anguish
- Punitive Damages against those responsible – This is an amount that is usually determined by the financial resources of the at-fault individual or business, from which the jury determines what amount will punish and deter the responsible party from allowing the incident to happen again. However, there are certain caps on these damages in Florida.
Driving under the influence poses a danger to the driver and others on the road. If you have been affected by a drunk driving incident, don’t hesitate to seek legal help to protect your rights and pursue justice. Contact Parrish & Goodman, Attorneys at Law, in Naples or Ft. Myers, to schedule a free consultation.
