If you’ve been injured in a drunk driving accident in Tampa, you need an experienced attorney who understands how to hold impaired drivers accountable. At Jurewitz Law Group Injury & Accident Lawyers, we help accident victims recover the compensation they deserve for injuries caused by intoxicated drivers. We work on a contingency fee basis, which means you pay nothing unless we win your case. Call (813) 605-1100 today for your free consultation.
Why Choose Jurewitz Law Group Injury & Accident Lawyers for Your Drunk Driving Accident Claim
When you’re injured by a drunk driver, you need a law firm with the experience and resources to take on insurance companies and negligent drivers. Jurewitz Law Group Injury & Accident Lawyers has recovered nearly $250 million for accident victims since 2007. Our attorneys are recognized by Super Lawyers and the Million Dollar Advocates Forum for their success in complex personal injury cases. We have extensive experience handling drunk driving accidents throughout Tampa and Florida, and we understand the local court system and how juries respond to these cases.
We represent accident victims exclusively—never insurance companies or defendants. This means your interests come first. Our team works 24/7 to help injured clients, and we offer free consultations with no upfront costs. We handle every aspect of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and taking your case to trial if necessary. Learn more about Jurewitz Law Group Injury & Accident Lawyers‘s approach to Tampa personal injury cases and our track record of results.
What Constitutes a Drunk Driving Accident in Tampa
Understanding DUI and Blood Alcohol Content (BAC)
In Florida, a person is considered to be driving under the influence (DUI) if their blood alcohol concentration (BAC) is 0.08% or higher, according to Florida Statute § 316.193. However, you don’t need to prove the at-fault driver was legally intoxicated to recover compensation in a civil lawsuit. Even drivers with a BAC below 0.08% can be impaired and negligent if alcohol or drugs affect their ability to drive safely.
Impaired driving means the driver’s judgment, reaction time, and motor skills were compromised by alcohol or drugs. Even small amounts of alcohol can reduce concentration and increase reaction time. At higher BAC levels, drivers experience blurred vision, loss of muscle control, and difficulty steering. According to the National Highway Traffic Safety Administration (NHTSA), a driver with a BAC of 0.08% is approximately four times more likely to cause a crash than a sober driver.
Types of Impaired Driving
Drunk driving accidents aren’t limited to alcohol. Drivers can be impaired by the following types:
- Alcohol consumption before or while driving
- Illegal drugs like cocaine, methamphetamine, or marijuana
- Prescription medications that cause drowsiness or impair judgment
- Over-the-counter medications that affect alertness or coordination
Any substance that impairs a driver’s ability to operate a vehicle safely can lead to liability in a personal injury claim. If you’ve been injured in a Tampa car accident caused by an impaired driver, Jurewitz Law Group Injury & Accident Lawyers can help you pursue compensation. We also handle Tampa truck accidents, Tampa motorcycle accidents, and Tampa pedestrian accidents involving impaired drivers.
How Jurewitz Law Group Injury & Accident Lawyers Proves Fault in Drunk Driving Cases
Proving the at-fault driver was negligent requires solid evidence. We investigate every aspect of your accident to build a strong case. Our investigation typically includes:
- Obtaining the police report and accident reconstruction analysis
- Reviewing breathalyzer and blood test results if the driver was arrested for DUI
- Gathering witness statements from people who saw the accident
- Collecting evidence of the driver’s erratic driving before the collision
- Consulting with accident reconstruction experts who can demonstrate how the crash occurred
- Reviewing traffic camera footage, if available
In Florida, we use the concept of negligence to hold drunk drivers accountable. We must prove the driver owed you a duty of care (which all drivers have), breached that duty (by driving while impaired), and caused your injuries as a result. If the drunk driver was charged with DUI, that criminal conviction can help establish negligence in your civil case, but it’s not required. We can prove impairment through other evidence, including witness testimony and the driver’s driving pattern before the accident.
Florida also recognizes comparative fault, which means you can recover compensation even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you were 10% at fault and your damages total $100,000, you could recover $90,000. Understanding how fault is determined in car accidents is crucial to your case. Our experienced attorneys can guide you through this complex process.
Damages You Can Recover After a Drunk Driving Accident
You can recover the following damages under Florida law: economic and/or non-economic damages.
Economic Damages
Economic damages compensate you for financial losses caused by the accident. These include:
- Medical bills for emergency care, hospitalization, surgery, and ongoing treatment
- Rehabilitation and physical therapy costs
- Lost wages if you missed work during recovery
- Lost earning capacity if your injuries prevent you from working at your previous level
- Vehicle repair or replacement costs
- Rental vehicle expenses while your car is being repaired
- Transportation costs for medical appointments and therapy
We work with medical experts and economists to calculate the full extent of your economic damages, including future medical care and lost income. Our case results demonstrate our ability to recover substantial compensation for economic losses.
Non-Economic Damages
Non-economic damages compensate you for pain, suffering, and other losses that don’t have a clear dollar value:
- Pain and suffering from your injuries
- Emotional distress and anxiety related to the accident
- Loss of enjoyment of life if your injuries prevent you from activities you enjoyed
- Scarring, disfigurement, or permanent disability
- Loss of consortium (if your spouse or family members are affected by your injuries)
Juries often award substantial non-economic damages in drunk driving cases because these accidents are preventable and the driver’s conduct is particularly negligent. If you’ve suffered a brain injury or other serious injury, you may be entitled to significant compensation. We’ve recovered millions in non-economic damages for clients with catastrophic injuries.
Florida’s Statute of Limitations for Drunk Driving Claims
You have a limited time to file a personal injury lawsuit after a drunk driving accident. In Florida, the statute of limitations is two years from the date of the accident for personal injury claims based on negligence (for accidents occurring on or after March 24, 2023). Claims from accidents before March 24, 2023, may have a four-year deadline under prior law. If the accident resulted in a wrongful death, the statute of limitations is two years from the date of death.
This deadline is critical. If you don’t file your lawsuit within the statute of limitations, you lose your right to recover compensation. We recommend contacting an attorney as soon as possible after your accident. Early action allows us to preserve evidence, interview witnesses while their memories are fresh, and investigate the accident thoroughly. Delays can result in lost evidence, unavailable witnesses, and weakened claims. Contact our Tampa office today to protect your rights.
Steps to Take After a Drunk Driving Accident
Immediately after a drunk driving accident, your health and safety are the top priority. Here’s what you should do:
- Seek immediate medical attention, even if you don’t think you’re seriously injured. Some injuries, like traumatic brain injuries or internal bleeding, don’t show symptoms right away.
- Document the scene by taking photos of vehicle damage, road conditions, traffic signals, and the accident location if it’s safe to do so.
- Gather information from witnesses, including their names, phone numbers, and what they saw.
- Report the accident to the police and obtain a copy of the police report, which will include the officer’s observations about the at-fault driver’s condition.
- Avoid discussing fault or accepting blame with the other driver or their insurance company.
- Don’t post about the accident on social media, as insurance companies monitor social media for statements they can use against you.
- Contact a lawyer from Jurewitz Law Group Injury & Accident Lawyers for legal guidance before speaking with insurance adjusters.
Understanding how a police report can impact your car accident claim is essential to protecting your rights. Our team of attorneys is available 24/7 to help you navigate the claims process.
Frequently Asked Questions About Drunk Driving Accidents
Can I still recover compensation if I was partially at fault?
Yes. Florida follows a comparative negligence rule, which allows you to recover compensation even if you were partially responsible for the accident. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages are $50,000, you can recover $40,000. However, if you are found to be more than 50% at fault, you cannot recover any compensation. This is why it’s important to have an experienced attorney investigate your accident and present evidence of the other driver’s negligence.
What if the drunk driver was not charged with DUI?
A criminal DUI charge is not required to recover compensation in a civil lawsuit. We can prove the driver was impaired and negligent through other evidence, including witness testimony about the driver’s behavior, the driver’s admission of drinking, police observations in the accident report, and the pattern of the driver’s vehicle before the collision. Many drunk driving accidents result in civil settlements without criminal DUI charges, particularly if the driver’s BAC was close to the legal limit or if the driver refused testing.
How long does a drunk driving accident case typically take?
The timeline depends on the complexity of your case and whether it settles or goes to trial. Many cases settle within 6 to 12 months. However, if the insurance company disputes liability or your damages are substantial, the case may take longer. Some cases go to trial, which can extend the timeline to 18 months or more. We work efficiently to resolve your case while ensuring you receive fair compensation. We’ll keep you informed about the progress of your case and discuss settlement offers with you before accepting any resolution.
What should I do if the at-fault driver is uninsured?
If the drunk driver who hit you doesn’t have insurance, you may still recover compensation through your own insurance policy. Most Florida auto insurance policies include uninsured motorist (UM) coverage, which protects you if you’re hit by an uninsured driver. UM coverage typically covers medical bills, lost wages, and pain and suffering up to your policy limits. We can help you file a claim with your own insurance company and negotiate for the maximum recovery available under your policy.
Contact Jurewitz Law Group Injury & Accident Lawyers for Your Free Consultation
If you’ve been injured in a drunk driving accident in Tampa, don’t wait to get legal help from Jurewitz Law Group Injury & Accident Lawyers. Contact or call (813) 605-1100 today for a free consultation with an experienced Tampa drunk driving accident lawyer. We’re available 24/7 to answer your questions and discuss your case. There are no upfront costs—we work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Let our law firm help you get the justice and compensation you deserve.
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