An alcohol-related collision can disrupt your life in an instant. Whether you were driving along Biscayne Boulevard, heading home from the Aventura Mall, or walking near Country Club Drive, a drunk driver's reckless decision leaves a trail of physical, emotional, and financial devastation. At Altman Law Firm, we stand by victims of these preventable tragedies, helping them navigate the complex path to recovery and accountability.
In Florida, liability for an alcohol-related crash may extend beyond the intoxicated driver. Under Florida Statute Section 768.125, also known as the dram shop law, an establishment that serves alcohol can be held liable under very specific circumstances. This includes knowingly serving a person habitually addicted to alcohol or serving a minor under the age of 21. Investigating these claims requires prompt action to preserve evidence, such as bar receipts, surveillance footage, and witness statements from local establishments.
Florida recently updated its negligence standard to a modified comparative fault system. If you are found to be more than 50% at fault for the incident, you are barred from recovering damages. This makes establishing clear liability critical in drunk driving cases. Even when the other driver was clearly intoxicated, insurance companies may attempt to shift a portion of the blame onto you to minimize their financial exposure. Our firm works diligently to build a comprehensive case that accurately reflects the sequence of events on roads like the William Lehman Causeway.
Time is a vital factor when seeking justice after an accident. Florida law imposes strict deadlines, known as the statute of limitations, for filing personal injury and wrongful death lawsuits. For personal injury actions arising from negligence, the timeline is typically two years from the date of the accident. If a loved one tragically lost their life in an alcohol-related crash, a wrongful death claim must also be filed within this strict window. Missing these deadlines generally means losing your legal right to pursue financial recovery through the court system.
Your immediate priority should always be your health and safety. Call 911 to report the crash, ensuring that the police document the driver's suspected impairment. Seek medical attention right away, even if your injuries seem minor. If safe to do so, gather contact information from witnesses and take photos of the scene, vehicle damage, and any visible injuries. Finally, consult with a qualified legal professional before speaking to the other driver's insurance company.
Yes. The criminal case against the drunk driver is entirely separate from a civil personal injury claim. The state prosecutes the driver to punish the criminal offense, which may result in jail time or license suspension. A civil claim, however, is brought by you to seek financial recovery for your medical bills, lost wages, and pain and suffering. You do not have to wait for the criminal case to resolve before initiating your civil claim.
Yes, under Florida's dram shop statute, a licensed establishment can be held liable if they knowingly served a minor or a person who is habitually addicted to alcohol, and that individual subsequently caused an accident. Proving habitual addiction requires detailed evidence, which is why a thorough investigation into the driver's history and the establishment's serving practices is essential.
Florida is a no-fault auto insurance state, meaning your own Personal Injury Protection (PIP) coverage is typically the first source of medical coverage, regardless of who caused the accident. However, PIP coverage is often insufficient for serious injuries. If your injuries meet the state's threshold for severity, or if your medical bills exceed your policy limits, you may pursue a claim against the at-fault drunk driver's liability insurance or file a personal injury lawsuit.
Because Aventura is located in Miami-Dade County, civil lawsuits seeking damages above a certain threshold are generally filed and heard in the Miami-Dade County Court system, with the main courthouse located in downtown Miami. Our firm is familiar with local court procedures and represents clients throughout the county.
If you or a loved one has been injured by a drunk driver in Aventura, contact Altman Law Firm today to schedule a free, confidential consultation with Jeffrey S. Altman. Call (305) 373-3730.