A collision with an impaired driver can shatter your life in an instant. On busy Miami roadways like Interstate 95, Biscayne Boulevard, or the Rickenbacker Causeway, the reckless decision to drive under the influence puts everyone at risk. At Altman Law Firm, we understand the physical, emotional, and financial toll these preventable crashes take on victims and their families. Led by Jeffrey S. Altman, our firm provides compassionate, dedicated advocacy to help you seek accountability and recover the compensation you need to move forward.
When an alcohol-related accident occurs, the driver is not always the only responsible party. Under Florida Statute Section 768.125, also known as the dram shop law, an establishment that sells or pours alcohol can sometimes be held liable. This applies if they unlawfully serve a person under the age of 21 or knowingly serve a person habitually addicted to alcohol. Investigating these claims requires a thorough review of police reports, surveillance footage, and witness testimonies to determine if a bar, restaurant, or club in neighborhoods like Brickell or Wynwood contributed to the tragedy.
Florida operates under a modified comparative negligence standard. This means that if you are found partially at fault for the accident, your recovery may be reduced by your percentage of responsibility. However, if you are found to be more than 50% at fault, you are barred from recovering damages. In drunk driving cases, the defense may still attempt to shift blame to minimize their liability. Our legal team works diligently to compile strong evidence—such as breathalyzer results, toxicology reports, and accident reconstruction data—to demonstrate the driver's primary negligence and protect your rights.
High-speed collisions on major Miami arteries like the Palmetto Expressway or US-1 often result in devastating, life-altering injuries, including traumatic brain injuries, spinal damage, or even loss of life. If you have lost a loved one due to an impaired driver, Florida's wrongful death statutes allow certain surviving family members to seek damages for mental pain and suffering, loss of companionship, and funeral expenses. While no legal action can undo the pain of a loss, holding the negligent parties accountable can provide a sense of justice and financial security during an incredibly challenging time.
In Florida, the statute of limitations for most personal injury lawsuits, including those stemming from drunk driving accidents, is generally two years from the date of the crash. If the accident resulted in a tragic fatality, a wrongful death lawsuit must also typically be filed within two years of the date of death. Because gathering evidence like surveillance footage and bar receipts is time-sensitive, it is beneficial to consult with an attorney as soon as possible.
Yes, under specific circumstances defined by Florida's dram shop law. An establishment may be held liable if they knowingly served alcohol to a minor under 21 or to an individual who is habitually addicted to alcohol, and that person subsequently caused an accident. Establishing this connection requires a meticulous investigation into the venue's serving practices on the night of the incident.
Victims of drunk driving accidents may seek compensation for economic damages, such as past and future medical expenses, lost wages, and loss of earning capacity. Non-economic damages, including pain and suffering, physical impairment, and mental anguish, may also be pursued. In some egregious cases involving driving under the influence, punitive damages may be sought to punish the offender and deter similar behavior.
Many personal injury claims are resolved through negotiations with insurance companies without ever stepping foot in a courtroom. However, if a fair settlement cannot be reached, filing a lawsuit in the Miami-Dade County Circuit Court may be necessary. Our firm prepares every case with the thoroughness required for trial, ensuring we are ready to advocate for you in court if that is the best path to a just resolution.
While a driver's criminal conviction or DUI arrest serves as powerful evidence of negligence in a civil personal injury case, it does not automatically ensure a financial recovery. Civil claims are entirely separate from criminal proceedings. You must still prove that the driver's impairment directly caused your injuries and document the extent of your damages.
Contact Altman Law Firm today for a free, confidential consultation to discuss your options and learn how we can support your recovery. Call (305) 373-3730.