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The presence of a drunk driver on the road is a potential danger to everyone around him and even to himself. Given their inability to react, a traffic accident in these circumstances can occur in just five seconds and cause economic, psychological, and physical damage to the victims and their loved ones.
In addition to the accumulation of medical bills and the decrease in your ability to generate income after a collision of this type, there is the uncertainty of a legal process that you do not know how to navigate and that you need to guarantee at least your family's financial stability. Filing a lawsuit and seeking the settlement you need can be much less stressful if you decide to do it with the help of our drunk driving accident attorneys in Miami.
At Gallardo Law Firm, we want to commit to you and put our extensive legal resources at your disposal. When we represent you, you are more than a client; you are a close friend to whom we guarantee ongoing support, effective communication, and complete transparency, not only regarding the handling of the case but also regarding our contingency fee approach: you only pay us when we win.
We frequently hear devastating stories from families who have been permanently affected by these tragic events—cases that leave behind more than just physical injuries, often resulting in significant financial losses and deep emotional scars.
The preliminary numbers managed by the Florida Department of Highway Safety and Motor Vehicles indicate that, in 2024, the number of crashes caused by drunk drivers throughout the region rose to 4,662, with a balance of 183 deaths and 2,681 injuries. Meanwhile, in Miami-Dade County alone, there were 10 fatalities and 146 injuries.
Gallardo is your law firm for drunk driving accident cases in Miami thanks to our extensive experience. Hold negligent drunk drivers accountable, our experienced personal injury attorneys are ready to help you take the next step.
In Florida, the blood alcohol limit is less than 0.08 degrees, and to determine this, authorities can make the driver take a breathalyzer exam or resort to observe specific indicators in his behavior, such as difficulty speaking or loss of coordination, to prove that he is under the influence of this substance.
Driving while intoxicated and causing severe injuries is a third-degree felony under local laws, punishable by up to five years in prison. If that drunk driver accidents cause head trauma, skull fractures, amputations, or permanent damage to the spine, the guilty parties may be subject to additional civil liability for punitive damages.
When we talk about traffic accidents caused by drunk drivers, two legal phenomena can come into play, both separately and simultaneously. First, we are talking about a criminal process against the person who drove under the influence of alcohol or drugs, which is what is known as DUI, and which involves prison time, hefty fines, and the upholding or revocation of the license.
While these consequences allow the drunk driver to be punished, they do not allow the victims to be financially compensated for their damages. This is when a civil lawsuit can come into play, which, in the hands of drunk driving injury lawyers like those at our firm, can mean significant compensation.
It is important to note that under Florida Statute 775.089, criminal judges can impose some sort of financial restitution to victims. However, this is not comparable to the benefits of civil proceedings, among other reasons, because insurance companies are not directly involved. The law also establishes that a conviction for Driving Under the Influence (DUI) remains on a person's driving record for 75 years.
If you are unfortunately involved in a similar situation and decide to sue the drunk driver for the aftermath of the accident, you have the right to compensation that includes:
These proceedings are not limited only to the drunk driver but may involve third parties with some percentage of responsibility. Among the most common options, we can identify the drunk driver's employers, the owners of the vehicle if they are people other than the driver, or even the sellers of alcohol to minors or people with a known history of addiction.
The Florida Statute of Limitations establishes a standard two-year deadline to present a personal injury lawsuit, which begins to count from the moment the incident occurred. However, the law recognizes exceptional contexts that modify this time frame; hence, consulting with a drunk driving accident attorney is the most efficient way to prevent breaching any time limit and losing the chances of proceeding with your claim.
If the physical or emotional damage from the event does not occur immediately, the statute of limitations begins to count from the moment the injured person discovers their injuries. The same happens if the defendant intentionally hides relevant information or if the victim is under 18 years of age, in which circumstances the time limit is extended until the victim reaches the age of majority.
The responsible party may be a government entity, which shortens the deadlines and adds particular requirements depending on the institution in question. In the event of a mental or physical incapacity, the duration may also be extended with a recognized maximum of up to seven years.
Drunk drivers make decisions that significantly risk themselves, their passengers, and other road users. The specific nature of an accident upon filing a claim against such parties—whether large in the nature of a crash and in implications that will bring upon victims either short-term or long-term, depending on context—shall be put into consideration.
Among the types of accidents caused by chemically impaired drivers, our firm has extensive experience handling the following:
At Gallardo, we don't just say that we are committed to representing you as diligently and aggressively as your situation warrants; we are willing to keep our word and get you the maximum compensation possible. We believe in complete transparency, and that's why it's important to emphasize how complex personal injury cases can be, particularly if they result from a traffic accident.
Our experience has also allowed us to understand that the balance tips in favor of our clients if we focus on gathering irrefutable evidence:
Another fundamental part of our work is handling full communication with the insurance companies involved in the process, including negotiating a settlement that is beneficial to you. These companies' job is to minimize payments and explain negligence from other perspectives that do not fully respond to your interests, so our approach is meticulous and persuasive.
Do you want to know what your chances are of resolving the case and obtaining fair compensation? Do you have doubts regarding the initial offers you may receive from insurance companies? You can find answers to these and other questions after scheduling a free initial meeting with the talented drunk driving car accident lawyers at Gallardo Law Firm. You can also visit us at our offices in Miami and Hialeah.