Melbourne Drunk Driving Accident Lawyer
When injured in a car accident, Florida law allows victims to sue the person driving under the influence of alcohol or drugs, as well as other parties whose negligence put the drunk driver on the road. Florida sees over 5,000 DUI-related crashes annually, one of the highest rates in the country. If you’ve been hit by a drunk driver, you need a Melbourne drunk driving accident lawyer to help you pursue compensation in civil court.
Insurance claims in civil court are entirely separate from DUI offenses in criminal proceedings. A conviction against the drunk driver isn’t necessary to recover compensation.
Our Melbourne drunk driving accident attorney team can handle civil DUI cases against the drunk driver, their insurance company, your own insurer (UM/UIM), and potentially the bar, restaurant, nightclub, or social host that served them under Florida’s Dram Shop laws.
Our law firm handles cases on a contingency-fee-basis, so clients don’t owe anything for legal services or case expenses unless we win.
To schedule a free case review, call 321-725-3425 or use our contact form.
What to Do After a Drunk Driving Accident in Brevard County
Call 911: The police report and DUI investigation become evidence in your civil case. Make sure law enforcement responds.
Get medical care immediately: Holmes Regional Medical Center in Melbourne is the regional trauma center. Keep every record.
Don’t talk to the other driver’s insurance: Adjusters call fast. Do not give a recorded statement or accept any offer before speaking to an attorney.
Find out where they were drinking: If the driver came from a bar or restaurant in Brevard County, that establishment may have dram shop liability.
Call an attorney within 48 hours: Surveillance footage gets overwritten. Bar receipts disappear. Evidence moves fast after a drunk-driving crash.
Suing a Drunk Driver in Melbourne, Florida – Civil vs. Criminal
Many people assume they have to wait for a conviction or criminal proceedings to end before taking legal action. That’s not how drunk driver accident claims work.
Lawsuits in civil courts and charges in criminal court are separate proceedings.
The State charges drunk drivers to punish them. Victims file personal injury lawsuits against drunk drivers to recover compensation for property damage, medical e.
The State pursues the driver to punish them; you pursue the driver to compensate you. A criminal DUI conviction requires proof beyond a reasonable doubt. Your civil case requires only a preponderance of the evidence, meaning it’s more likely than not that the driver was negligent. That’s a significantly lower bar.
If the drunk driver does plead guilty or is convicted, that conviction becomes powerful evidence of negligence in your civil case. But you don’t need it. We build civil cases that stand on their own.
Florida’s no-fault PIP system covers the first $10,000 in medical expenses regardless of fault, but it doesn’t cap your recovery in a serious crash. Drunk driving injuries almost always exceed Florida’s serious injury threshold, which means you can pursue the full range of damages: medical expenses, lost wages, pain and suffering, and more.
And in drunk-driving cases specifically, Florida law allows something most injury cases don’t: punitive damages. Under Florida Statute § 768.72, when a defendant’s conduct demonstrates a conscious disregard for the rights or safety of others, courts can award punitive damages on top of all compensatory damages. Drunk driving consistently meets this standard. These damages exist to punish the driver’s choice, and they can be substantial.
Florida Dram Shop Law and How a Melbourne Dram Shop Liability Lawyer Can Help
When a drunk driver injures someone in Florida, the driver is not always the only party with legal responsibility. Florida Statute § 768.125 allows injured parties to file dram shop lawsuits against the business or individual that served the alcohol in two specific situations:
Exception | What Must Be Proven |
|---|---|
Served a minor (under 21) | The establishment willfully served someone under 21, and that person caused the crash |
Served a habitual alcoholic | The establishment knowingly served someone habitually addicted to alcohol, and that person caused the crash |
The Florida dram shop law is extremely restrictive. Unlike most states, Florida dram shop liability doesn’t occur simply because an establishment over-served an intoxicated adult. This applies unless the intoxicated driver was a minor or the bar had prior knowledge of the driver’s alcoholism.
What Florida courts require for “knowingly served a habitual alcoholic”: Under Peoples Restaurant v. Sabo, the bar was liable because the bartenders knew the intoxicated driver, poured his regular drink before he ordered, and had served him regularly beforehand. So, in Florida dram shop cases, customers who “drink too much” and high BACs aren’t enough.
What this means for out-of-state intoxicated drivers: If tourists drink heavily and cause a crash, the bar can’t be held liable under Florida law in most cases. They couldn’t have “knowingly” served a habitual alcoholic. However, if the drunk driver is a minor, dram shop claims apply.
Dram shop claims in Melbourne, Florida, typically apply when the drunk driver:
- was a regular patron
- had established a regular drinking pattern at the establishment
- had well-known prior DUI convictions
- was under 21 (doesn’t require knowledge of addiction)
Dram shop claims significantly expand the amount of compensation available. Our dram shop attorneys in Melbourne, Florida, conduct thorough investigations to determine whether local establishments can also be held responsible for the DUI accident.
Think a bar may have contributed to a drunk-driving crash? Call 321-725-3425 for a free consultation. A Melbourne dram shop liability lawyer can help you recover compensation for medical costs, property damage, lost wages, and other losses.
Compensation in a Florida Drunk Driving Accident Case
If you were injured by a drunk driver in Melbourne, FL, our law firm can help you secure compensatory damages that address both the financial losses and the impact the crash has on your life. Florida law allows car accident victims to secure damages beyond basic insurance coverage, especially in cases involving intoxicated drivers.
Economic Damages | Non-Economic Damages |
|---|---|
Past and future medical expenses | Pain and suffering |
Lost wages and diminished earning capacity for future lost income | Mental anguish and emotional distress |
Property damage | Loss of enjoyment of life |
Other out-of-pocket costs | Wrongful death damages when applicable |
Punitive damages: These are available against drunk drivers and establishments whose conduct showed gross negligence or conscious disregard. Florida courts have awarded substantial punitive damages in drunk driving cases. These are separate from and in addition to all compensatory damages.
Helping DUI Accident Victims Throughout Brevard County
Dram Shop and Drunk Driving Accident Lawyers in Palm Bay
Babcock Street, Palm Bay Road, and US-192 see consistent DUI crashes. If you were hit by a drunk driver in Palm Bay, or if the driver was served at a Palm Bay bar or restaurant before the crash, our firm pursues every avenue of damages on your behalf.
Dram Shop and Drunk Driving Accident Lawyers in Cocoa Beach
The year-round tourism scene means there’s a consistent pattern of drunk driver crashes on A1A. We help Cocoa Beach DUI accident victims pursue compensation against drunk drivers and navigate dram shop cases against establishments that over-served them.
DUI Injury and Dram Shop Liability Lawyers in Rockledge and Merritt Island
Drunk drivers on Rockledge’s US-1 strip and Merritt Island’s North Courtenay Parkway corridor cause serious crashes year-round. Our law firm represents Merritt Island and Rockledge DUI injury victims and files dram shop cases against the bars and restaurants lining these corridors.
Dram Shop and Drunk Driving Accident Lawyers in Titusville
US-1 and I-95 at Exit 215 are among the most dangerous stretches locally. We represent Titusville DUI accident victims and investigate whether the bar, restaurant, or convenience store that served the driver bears responsibility under Florida’s dram shop statute.
DUI Accident and Dram Shop Liability Lawyers in Cape Canaveral
From Space Coast nightlife to Port Canaveral cruise traffic, DUI crashes on SR-528 and A1A are common. Our law firm handles DUI injury claims and dram shop liability cases throughout the Cape Canaveral and Port Canaveral corridor.
Don’t see your city? Our Melbourne drunk driving accident attorneys serve all of Brevard County. For a free consultation, call
Brevard County Drunk Driving Car Accident Claim FAQs
Can I sue if the drunk driver wasn't convicted of DUI?
Yes. Civil cases only require a preponderance of the evidence, not beyond a reasonable doubt. Victims can pursue compensation regardless of what happens in criminal court.
Can I sue the bar that served the drunk driver?
In certain circumstances, yes. Florida Statute § 768.125 allows victims to sue establishments that serve alcohol to minors or overserve patrons who were already intoxicated. Our Melbourne dram shop liability lawyers investigate this at no additional cost.
What if the drunk driver doesn't have enough insurance coverage?
If you’re hit by a drunk driver who is uninsured or doesn’t have enough insurance coverage, your own uninsured/underinsured motorist (UM/UIM) coverage may be the primary source of recovery. We also investigate dram shop liability against establishments for additional compensation.
How long do I have to file an auto accident claim against a drunk driver in Florida?
Victims have two years from the date of the accident under Florida law.
Contact a Melbourne Drunk Driving Attorney For a Free Consultation
If you or a loved one was injured by a drunk driver, you don’t have to deal with insurance companies or the legal process alone. Civil DUI cases move quickly, and evidence disappears if legal action isn’t taken right away.
Schedule a free consultation with a Melbourne drunk driving attorney today by calling 321-725-3425 or using our contact form.
We provide legal services to victims in Palm Bay, Viera, Cocoa, Cocoa Beach, Titusville, Rockledge, Merritt Island, Satellite Beach, Indialantic, Cape Canaveral, and all of Brevard County.