A collision with a drunk driver can shatter your sense of safety in an instant. At Altman Law Firm, we stand by individuals and families in Miami Shores who are dealing with the painful aftermath of alcohol-related crashes. Led by Jeffrey S. Altman, our firm is dedicated to holding negligent drivers and responsible parties accountable for the harm they cause on our local roads.
Miami Shores is known for its quiet, tree-lined residential streets, but busy corridors like Biscayne Boulevard and Northeast 2nd Avenue see heavy traffic, especially during weekend evenings and commutes near Barry University. When individuals choose to drive under the influence of alcohol, these shared roadways become incredibly dangerous. Whether you were struck near the downtown corridor or on a quiet neighborhood street, the physical and emotional toll of an alcohol-related crash is immense. We understand the local landscape and help victims navigate the complex recovery process.
In Florida, holding a drunk driver accountable goes beyond their personal auto insurance. Under Florida Statute Section 768.125, establishments that serve alcohol may also share liability under very specific circumstances—such as serving a person habitually addicted to alcohol or serving a minor. This is known as dram shop liability. Investigating where the driver was drinking before the crash is a critical step in building a comprehensive claim, ensuring all negligent parties are held responsible for your medical bills, lost wages, and suffering.
Navigating a personal injury claim requires a clear understanding of Florida's legal framework. Florida operates under a modified comparative negligence system, meaning your recovery can be impacted if you are found partially at fault, though this is rarely an issue for innocent victims of drunk drivers. Additionally, Florida has strict statutes of limitations for filing personal injury and wrongful death lawsuits. Acting promptly allows us to preserve crucial evidence, such as bar surveillance footage, breathalyzer results, and witness statements, before they disappear.
First, seek immediate medical attention, even if you feel fine, as adrenaline can mask serious injuries. Ensure the police are called to the scene so they can document the driver's impairment and issue a report. If possible, take photos of the scene, the vehicles, and any visible injuries. Finally, consult with a personal injury attorney before speaking with any insurance adjusters or signing settlement offers.
Yes. The criminal case brought by the state of Florida is entirely separate from your civil personal injury claim. While the criminal court focuses on punishing the driver for breaking the law, a civil claim focuses on recovering financial compensation for your medical expenses, lost income, and suffering. You do not have to wait for the criminal trial to conclude to initiate your civil case.
Under Florida's dram shop law, a business can be held liable if they willfully and unlawfully served alcohol to a minor, or knowingly served a person habitually addicted to alcohol who then went on to cause an accident. Proving this requires a detailed investigation into the driver's history and the establishment's serving practices.
Florida law imposes a strict statute of limitations on personal injury and wrongful death actions. For most personal injury lawsuits arising from negligence, you have a limited window from the date of the accident to file. Failing to file within this timeframe generally bars you from seeking compensation, making early legal consultation essential.
If the drunk driver lacks adequate insurance, you may be able to seek compensation through your own Uninsured/Underinsured Motorist (UM) coverage, if you have it on your policy. We can review your auto insurance policy to identify all potential avenues of recovery.
Contact Altman Law Firm today for a free, confidential consultation to discuss your Miami Shores accident claim. Call (305) 373-3730.