Drunk Driving Accident Lawyer in Boca Raton

Despite decades of safety campaigns, the danger on Florida’s roads is not receding, it is evolving. While overall traffic fatalities saw a modest decline in 2024, the frequency of DUI arrests and reckless driving incidents is on the rise. In 2023, Florida saw a spike in DUI arrests to over 44,185, and highway racing incidents shot up by a staggering 61%.

In Palm Beach County, the risk is even more acute. 2024 recorded the highest number of total crashes in seven years, peaking at 26,550. With nearly 70 crashes occurring every single day in our county, the “reckless choice” of impaired driving remains a primary catalyst for life-altering injuries. At Kogan & DiSalvo, our Boca Raton drunk driving lawyer team has seen how this post-pandemic surge in high-speed, impaired collisions has left local families devastated. Holding a drunk driver accountable is no longer just about insurance, it is about justice in a state where impaired driving behavior is becoming increasingly aggressive.

Proving Liability for Negligence in a Drunk Driving Accident

By law and custom, every motorist is obligated to operate their vehicle in a safe and reasonable manner. Drugs and alcohol impair a person’s driving ability, and anyone who drives while impaired has breached that obligation. On Florida’s Treasure Coast, a skilled attorney can show that another driver was intoxicated with evidence that might include:

• Police toxicology reports collected after the accident
• Criminal DUI or OWI convictions
• Eyewitnesses who observed an intoxicated driver weaving, speeding, or ignoring other rules of the road
• Restaurant or tavern receipts from the day of the accident that show how much alcohol the negligent driver consumed
• Testimony from acquaintances who were with the negligent driver while they were drinking or using drugs before the accident

You can best protect your right to recover the largest available damages award when you retain an experienced Boca Raton car accident attorney.

You Can Recover Damages That are the Result of a Drunk Driving Accident from Multiple Sources

Florida requires all drivers to maintain at least $10,000 of personal injury protection (“PIP) and $10,000 of property damage liability (PDL) insurance on each vehicle that they register in the state. When a drunk driver causes an accident, the costs of your losses and injuries can quickly exceed the limits of your PIP and PDL coverage. Further, your own insurance will likely not cover your losses associated with your pain and suffering and other non-economic injuries. When you retain a drunk driving accident attorney in Boca Raton, they will aggressively pursue all sources of recovery, including the drunk driver’s insurance carrier.

Seeking Punitive Damages: Punishing the Reckless Choice

In a typical car accident, you seek “compensatory damages” for medical bills and lost wages. However, a drunk driving accident is not a typical accident. Under Florida Statute § 768.72, victims of DUI accidents can pursue punitive damages.

Unlike most personal injury cases in Florida, there is no statutory cap on punitive damages in cases involving intentional misconduct or gross negligence, standards almost always met in drunk driving cases. This means a jury can award a significant sum specifically designed to punish the drunk driver and deter others from the same behavior. A skilled Boca Raton drunk driving lawyer will aggressively petition the court to include these damages, significantly increasing the potential value of your recovery.

Dram Shop Liability: Holding Bars and Restaurants Accountable

The drunk driver may not be the only party responsible for your injuries. Under Florida Statute § 768.125, also known as the “Dram Shop” law, you may be able to sue the establishment that served the driver alcohol. While Florida law is narrow, a drunk driving accident lawyer can pursue a claim against a bar, restaurant, or liquor store if:

1. They knowingly served a minor under the age of 21.
2. They knowingly served a person habitually addicted to alcohol.

By investigating tavern receipts, social media, and eyewitness accounts, our Boca Raton drunk driving law firm identifies all sources of liability to ensure you are not limited by the driver’s insurance policy alone.

Critical Legal Update: The Two-Year Filing Window

Time is your enemy in a DUI injury case. Following the 2023 tort reform, the statute of limitations for negligence in Florida has been reduced. You now have only two years from the date of the accident to file a personal injury lawsuit or a wrongful death action. Waiting can lead to the loss of vital evidence, such as police toxicology reports or “implied consent” breathalyzer results.

Evaluating Settlement Offers: The Insurance Trap

The insurance company for the drunk driver knows the evidence is against them. They may offer a quick “DUI accident settlement” to make the case disappear. Do not sign any release without a consultation. A quick check rarely covers the long-term costs of internal organ damage, traumatic brain injuries (TBI), or spinal trauma. Our drunk driving accident lawyer team acts as your shield, ensuring that any settlement accounts for future medical care and the profound pain and suffering caused by the crash.

Determining Fault Under Florida’s 50% Bar

Florida now follows a modified comparative negligence standard. You can only recover damages if you are judged to be less than 50% at fault. Even if the other driver was drunk, their defense may try to claim you were speeding or distracted to reach that 50% threshold and bar you from recovery. We use forensic accident reconstruction to prove the drunk driver’s impairment was the sole proximate cause of the collision.

Drunk Driving Accidents Frequently Cause Significant Injuries

Drugs and alcohol impair a driver’s judgment and reaction time. As a result, drunk driving car accidents often happen at higher speeds and with a more direct impact. It is not unusual for drivers and passengers to suffer:

• Multiple bone fractures
• Internal organ damage
• Head, neck, and spinal injuries
• Traumatic limb amputations
• Severe lacerations and blood loss

These injuries can lead to permanent disabilities that impose a severe hardship on you and your family.

Drunk Driving Accidents and Wrongful Death Claims

Florida wrongful death lawsuits are a special form of personal injury action that a deceased party’s personal representative can file to recover damages for matters such as

• Loss of support provided to surviving family members
• The survivor’s pain and suffering
• Funeral costs
• Lost wages and missed future earning opportunities

In certain drunk driving cases that result in another party’s death, a Florida prosecutor may bring criminal charges for manslaughter and other felonies. The standards for proving that a drunk driver was criminally liable are much higher than the proof required to demonstrate civil liability for wrongful death. Further, criminal charges will not address or resolve civil liability. If a beloved friend or family member dies in a drunk driving accident, you can and should file a wrongful death civil lawsuit.

Florida’s DUI Laws Establish Objective Drunk Driving Standards

A person whose blood alcohol level is 0.08% or higher will face DUI charges in Florida. That limit is reduced to 0.04% if the driver is operating a commercial truck or another similar vehicle. A driver charged with a DUI will face criminal penalties that increase with every DUI charge. Those criminal penalties are in addition to the civil liability that a drunk driver will face for an injured party’s damages.

Florida also has an “implied consent” law that requires drivers who have been arrested on suspicion of driving under the influence to submit to blood, urine, or breath tests. The results of those tests are frequently a key piece of evidence in a civil lawsuit against a drunk driver.   

Call the Law Offices of Kogan & DiSalvo for a Free Consultation

Despite years of public service ads and law enforcement actions, some motorists continue to pose a threat to other drivers by operating their vehicles while they are under the influence of drugs or alcohol. The DUI accident attorneys at Kogan & DiSalvo believe that holding drunk drivers fully accountable for their actions is one of the best ways to continue to combat drunk driving In Florida.

Our lawyers have fought to recover damages for injured Florida motorists for more than 28 years. Please call our Boca Raton headquarters office or any of our satellite offices in West Palm Beach, Boynton Beach, Fort Lauderdale, Stuart, Delray Beach and also our new offices in Fort Myers and North Miami Beach, as soon as possible after you have suffered injuries in an accident with an impaired driver. We will fight tirelessly to recover the largest compensation available for your losses and injuries.