Miami Drunk Driver Accident Lawyer

Reviewed by Mike Redondo, Founding Attorney, Redondo Law, P.A. • Updated October 2026

Redondo Law helps people who were hurt, and families who lost someone, because a driver chose to drive drunk or high. If you were hit by a drunk driver in Miami or anywhere in Miami-Dade County, a Miami drunk driver accident lawyer can build your civil claim while the criminal case moves on its own track.

The consultation is free, and you pay no fee unless we win. Our phones are answered 24/7, and our staff is fully bilingual (Se habla español). You can meet us at our office at 2828 Coral Way, by phone or by video. If you are in the hospital or cannot travel, we come to you.

Hit by a drunk driver in Florida: two separate cases

After a DUI crash, there are usually two cases. The criminal case is brought by the State of Florida through the prosecutor. Its goal is to punish the driver. You are a witness and a victim in that case, but you do not control it.

The civil claim is yours. Its goal is to pay you for your medical bills, lost income, pain and suffering and other harm. The two cases use different standards of proof. The State must prove guilt beyond a reasonable doubt. In a civil case, you generally must show it is more likely than not that the driver was at fault. That means a civil claim can go forward even if the driver is never convicted, takes a plea deal or has the charges dropped. You do not have to wait for the criminal case to end to start your claim.

Your rights as a victim in the criminal case

Florida’s Constitution gives crime victims specific rights. They include the right to timely notice of public court dates, the right to attend, and the right to be heard at plea, sentencing and release hearings. Victims may confer with the prosecutor about plea deals and sentencing, and they have a right to full and timely restitution from the convicted offender. They also have the right to be told they may consult a lawyer.

Restitution is ordered in the criminal case and is separate from your civil claim. We can help you stay informed about the criminal case and use what comes out of it, such as test results and police reports, in your civil claim.

Who pays: the driver, insurance and others

Florida does not require most drivers to carry bodily injury liability coverage. A drunk driver may have little or no coverage for your injuries. That is why we look at every possible source of payment:

• Your PIP coverage. It pays first, up to $10,000, no matter who caused the crash.
• The drunk driver’s liability coverage, if any.
• The vehicle owner. If the driver was using someone else’s car, the owner may also be responsible under Florida law.
• An employer, if the driver was working at the time.
• A bar or seller of alcohol, in the narrow cases Florida’s dram shop law allows.
• Your own uninsured motorist (UM) coverage, if the driver had too little or no insurance. See our page on uninsured motorist claims.

Punitive damages in Florida drunk driving cases

Most damages in an injury case are compensatory. They pay you back for what you lost. Punitive damages are different. They punish a defendant for very bad conduct and aim to deter others. Driving drunk can support a punitive damages claim, but Florida sets strict rules.

• A showing before the claim is allowed. Under Fla. Stat. 768.72, you cannot simply ask for punitive damages in your complaint. You must first make a reasonable showing, with evidence in the record or offered to the court, that there is a reasonable basis for them. Then the court may allow the complaint to be amended.
• A higher standard of proof. The jury must find, by clear and convincing evidence, that the defendant was personally guilty of intentional misconduct or gross negligence. Gross negligence means conduct so reckless that it shows a conscious disregard or indifference to the life, safety or rights of others.
• The usual cap. Under Fla. Stat. 768.73, punitive damages are generally limited to the greater of three times the compensatory damages or $500,000, with higher limits in some cases.

Florida dram shop law: when a bar can be liable

Many people assume the bar that served the drunk driver must pay. In Florida, that is usually not true. Under Fla. Stat. 768.125, a person who sells or furnishes alcohol to someone of legal drinking age is generally not liable for harm caused by that person’s intoxication. There are two exceptions:

• Underage drinkers. A person who willfully and unlawfully sells or furnishes alcohol to someone under 21 may be liable.
• Habitual drunkards. A person who knowingly serves someone habitually addicted to alcohol may be liable.

The law covers anyone who sells or furnishes alcohol, not only bars. These claims are hard to prove. The second exception requires proof that the seller knew about the person’s addiction, not just that the person was drunk that night. We look at these facts early, while records and witnesses are still available.

Evidence in a drunk driving crash case

Strong evidence can support both fault and a punitive damages claim. Some of it disappears fast, so we move quickly to request and preserve it.

• Breath or blood alcohol test results and the arrest report
• Police body camera and dashcam video, and field sobriety test notes
• 911 calls and dispatch records
• Bar receipts, tabs and credit card records showing where and how much the driver drank
• Surveillance video from bars, restaurants, parking lots and nearby businesses, which is often recorded over
• Witness statements from people at the scene and at the place the driver was drinking
• The Miami-Dade crash report and photos of the vehicles and the scene

Drunk driving crashes in Brickell, South Beach and Wynwood

Miami’s nightlife draws crowds every night of the week. In Brickell and Downtown, bars and restaurants sit next to busy streets that feed into I-95 and I-395. On South Beach, Collins Avenue, Washington Avenue and Alton Road fill with drivers, rideshare cars and people on foot late at night, and the MacArthur Causeway carries traffic back to the mainland. In Wynwood, crowds spill onto narrow streets near NW 2nd Avenue.

Holiday weekends, New Year’s Eve, the Fourth of July and big events bring even more people out. A drunk driver can turn a night out into a life-changing injury for a driver, a passenger or someone crossing the street. If you were hurt on the beach side, see our Miami Beach injury page. If you were on foot, see our pedestrian accident page.

Serious injuries and wrongful death

Drunk driving crashes often happen at high speed or head-on, and the injuries can be severe. They include traumatic brain injuries, spinal cord injuries, broken bones and internal injuries. When a crash takes a life, the personal representative of the estate can bring a claim for the estate and the survivors. Learn more on our wrongful death page.

What to do after being hit by a drunk driver

How Redondo Law helps people hit by drunk drivers

Before founding Redondo Law in 2019, Mike Redondo spent six years at Holland & Knight defending major corporations in catastrophic injury and wrongful death cases. He knows how the defense values a claim and what evidence worries it. Mike personally oversees every case. Learn more about Mike Redondo.

Our case results include a jury verdict in a case against a drunk driver. Every case is different, and past results do not predict the outcome of yours. For crashes that also involve a denied PIP claim, read what to do when a PIP claim is denied. For an overview of auto claims, see our Miami car accident lawyer page.

Frequently asked questions

Do I need to wait for the DUI criminal case to finish?

No. The criminal case and your civil claim are separate. You can start your civil claim right away, and early action helps preserve evidence like video and bar records. Results from the criminal case, such as test results and police reports, can still help your civil claim as they become available.

Can I sue a drunk driver if they were not convicted?

Yes. A civil claim uses a lower standard of proof than a criminal case. The State must prove guilt beyond a reasonable doubt, but in a civil case you generally must show it is more likely than not that the driver was at fault. A plea deal, an acquittal or dropped charges does not end your civil claim.

Can I get punitive damages after a drunk driving crash in Florida?

Possibly. You must first make a reasonable showing to the court before a punitive damages claim is allowed. Then the jury must find, by clear and convincing evidence, intentional misconduct or gross negligence. The usual caps do not apply if the driver’s normal faculties were impaired or their blood or breath alcohol level was 0.08 or higher.

Can I sue the bar that served the drunk driver?

Only in narrow cases. Florida’s dram shop law, Fla. Stat. 768.125, allows a claim if the seller willfully and unlawfully served someone under 21, or knowingly served a person habitually addicted to alcohol. Serving an adult who was simply drunk that night is usually not enough.

What if the drunk driver has no insurance?

Your own PIP pays first. If you carry uninsured motorist coverage, it can pay for harm the driver cannot cover. The vehicle owner or the driver’s employer may also be responsible in some cases. We look for every policy that may apply.

How long do I have to file a claim?

For most negligence claims arising on or after March 24, 2023, Florida gives you 2 years to file a lawsuit. A wrongful death claim must generally be filed within 2 years of the death. Other deadlines can apply, so talk with us as soon as you can.