Drunk Driving Accident Attorney in Daytona Beach
Did a drunk driver hit you in Daytona Beach? You may have the right to compensation for your medical bills, lost wages, and other losses under Florida’s personal injury laws. An experienced attorney from Zimmet & Zimmet can help you seek the money you deserve and hold the impaired driver accountable.
Our Daytona Beach drunk driving accident lawyers have represented injured victims for over 50 years and secured millions of dollars in verdicts and settlements for our clients. We take a people-first approach to legal representation, prioritizing direct communication and compassionate support, not high case volumes. Put us to work for you, too.
We’re here to guide you through every step of the legal process. Call now or complete our contact form for a free consultation.
Understanding Drunk Driving Accidents in Florida
Under Florida law, it’s illegal to drive or have actual physical control of a car with a blood alcohol concentration (BAC) of 0.08 percent or higher. However, it’s also illegal for people to drive if they show signs of impairment, no matter their BAC. Drunk driving is usually a misdemeanor for a first offense, though the charge escalates to a felony if a driver causes a serious injury.
Alcohol affects driving ability in many dangerous ways. Common causes of drunk driving accidents include:
- Delayed reaction times – Alcohol slows the brain’s ability to process information and respond quickly to sudden changes, increasing the risk of collisions by drivers failing to brake in time.
- Poor judgment – Intoxicated drivers may misjudge distances, speeds, or the actions of other vehicles. These factors can lead to risky lane changes or turns.
- Reduced coordination – Alcohol affects a person’s coordination and motor skills, making it harder for an impaired motorist to steer, stay in their lane, or use the gas and brake pedals effectively.
- Blurry or double vision – Drunk drivers may experience difficulty seeing clearly, especially at night or in poor weather conditions. That means they’re more likely to hit other vehicles, pedestrians, or objects.
- Drowsiness or blackouts – Alcohol can cause extreme fatigue or unconsciousness. If a driver briefly nods off or entirely passes out, there’s a high chance they’ll hit another car or a stationary obstacle.
Liability in Drunk Driving Accidents
The impaired driver is usually the primary liable party in drunk driving accident cases. They chose to drink and drive, which means they are responsible for any injuries they caused while intoxicated. However, you must still prove that the other driver was drunk and caused the crash. A DUI accident attorney in Daytona Beach can collect strong evidence supporting your claim, such as:
- The police accident report
- Toxicology test results
- Accident scene photos and video
- Surveillance and traffic camera footage of the accident and the other driver’s actions
- Witness statements
- Expert analysis
- Receipts from the bar or liquor store where the driver purchased their drinks
In some cases, other parties could be liable for a drunk driving accident in Florida. For example, Florida’s dram shop law allows bars, liquor stores, restaurants, and other businesses to be held liable for an accident if they served a minor who later causes a crash. The law also allows businesses to be held liable for a collision if they knowingly served someone “habitually addicted” to drinking. Proving a business served a minor is easier than showing that they served an alcoholic, but a skilled car accident lawyer in Daytona Beach can look for compelling evidence to build your personal injury claim.
What to Do After a Drunk Driving Accident
The steps you take after a drunk driving accident can shape your case long after leaving the crash scene. Here’s what to do:
- Call 911 and seek immediate medical attention.
- If possible, take pictures of the accident scene. Get the name and insurance information of the other driver, along with witness contact information.
- Write or record everything you remember about the crash.
- If you didn’t need emergency treatment, see a doctor right away to rule out any hidden injuries.
- Follow your doctor’s orders and attend all follow-up appointments.
- Do not discuss the crash, your injuries, or your legal case on social media.
- Save your medical records, receipts, vehicle repair estimates, and other documents that can help prove your losses.
- Consult a Daytona Beach drunk driving accident lawyer before giving any statements to the insurance company.
Types of Compensation You May Be Entitled To
In Florida, drunk driving accident victims may seek compensation for losses like:
- Lost wages
- Future lost income
- Past and current medical bills
- Future medical treatment
- Pain and suffering
- Emotional distress
- Damaged personal property
Depending on the facts of the case, you may also be entitled to pursue punitive damages. Unlike compensatory damages, which reimburse you for financial and personal losses, punitive damages in DUI injury cases are meant to punish the at-fault driver and deter future violations.
In Florida, your attorney must obtain court approval to pursue punitive damages, which are reserved for the most egregious cases of misconduct. You must provide “clear and convincing evidence” that the driver engaged in intentional wrongdoing or acted with total disregard for the rights and safety of others.
Factors That Determine Compensation for Drunk Driving Accident Injuries
Your compensation for drunk driving accident injuries will depend on factors specific to your case, such as:
- The severity of your injuries – More intense injuries often lead to higher compensation, especially if they cause lasting pain, disabilities, or require long-term care.
- Medical expenses – This includes past and future costs for hospital stays, surgeries, rehabilitation, medication, and follow-up treatment. The more medical care you need, the more money you can demand.
- Lost income or earning ability – If your injuries keep you from working or reduce your ability to earn future income, you may qualify for compensation for those losses.
- Pain and suffering – Your claim can include compensation for intangible losses like your physical pain, emotional distress, trauma, and reduced quality of life.
- Comparative fault – If you share any responsibility for the accident, Florida law says you can still recover compensation as long as you are 50 percent or less responsible for your injuries.
- Insurance policy limits – In Florida, your recovery is generally capped by your no-fault PIP coverage and the at-fault driver’s liability limits. Once those limits are reached, additional compensation from insurance is usually unavailable.
Get Help From Our Florida Drunk Driving Accident Attorneys
A drunk driving accident throws your entire life into upheaval. At Zimmet & Zimmet, we can handle the heavy lifting to prepare your legal case, allowing you to focus on your recovery. We’ll investigate the crash, determine liability, calculate a fair value for your case, and fight for every penny from the insurance company. If the insurer refuses to cooperate, our firm is prepared to take your case to trial and demand maximum compensation before a judge and jury.
The first step is a free initial consultation. Contact us today to speak with a DUI injury attorney in Daytona Beach.