Our firm holds drunk drivers accountable for the devastation they cause. The collision you endured was not an accident; it was the direct result of a reckless and preventable choice.
While you deal with the physical pain and emotional trauma, the intoxicated driver faces a separate criminal process. You need a Pompano Beach drunk driving accident lawyer who will fight for your personal justice in the civil court system.
Miller and Jacobs, Accident Attorneys, provide the aggressive and determined representation these cases demand. We stand with victims in Pompano Beach and work to secure the financial resources you need to rebuild your life.
We handle the complexities of the civil claim while you focus on healing from this senseless act.
Sobering truths about your claim
- A drunk driving accident case involves two legal paths: the state's criminal prosecution against the driver and your civil claim for monetary damages.
- You do not need to wait for a criminal conviction to file your civil claim. Acting quickly is essential to preserve evidence for your claim.
- In addition to standard compensation, you may pursue punitive damages, which punish the drunk driver for their egregious conduct.
- Evidence from the criminal case, like the police report and Blood Alcohol Content (BAC) test results, provides powerful tools for proving your civil claim.
Why Choose Miller and Jacobs, Accident Attorneys for Your Pompano Beach Drunk Driving Accident Claim?
After being hit by a drunk driver, you need a legal advocate prepared for the unique emotional and legal challenges of these cases. Miller and Jacobs, Accident Attorneys, offers the steadfast support and determined representation that Pompano Beach residents can depend on.
A proactive, two-track approach
We immediately begin building your civil case while closely monitoring the parallel criminal proceedings. Our team obtains police reports, BAC test results, field sobriety test videos, and witness statements from the criminal investigation.
This information often provides irrefutable proof of the driver's impairment and strengthens your civil claim from the very start. We also attend the driver's criminal court hearings to gather information and ensure the civil case aligns with developments in the criminal prosecution.
This proactive monitoring allows us to anticipate the defense's strategy and counter it effectively in your civil claim.
We pursue maximum accountability
Our investigation does not stop with the drunk driver. We dig deeper to determine if other parties share responsibility. This includes exploring Florida's dram shop laws to see if a bar, restaurant, or social host knowingly over-served the driver.
We interview witnesses, subpoena credit card receipts, and search for a history of similar violations by the establishment. We leave no stone unturned in our pursuit of justice for you and your family.
Compassion for you, determined for your case
We know the anger and frustration you feel. Our team provides compassionate support to you and your family while taking a determined stance against the defendants and their insurance companies.
We manage all legal communications, shielding you from the stress so you can concentrate on your physical and emotional recovery. We handle the aggressive phone calls and delay tactics from insurers so you never have to.
Resources to build a powerful case
Drunk driving accident claims often require significant resources to prove the full extent of your damages. We work with a network of respected professionals to build a comprehensive case.
Accident reconstructionists help us demonstrate how the driver's impairment contributed to reckless actions, such as excessive speed or lane drifting. Financial planners and economists create detailed reports projecting your lifetime lost income and future medical costs. These expert opinions demonstrate the true, long-term financial impact of the crash.
Compensation for Drunk Driving Accident Victims
A drunk driver’s choice can inflict a lifetime of consequences. The compensation you pursue must reflect the full extent of these damages. Our firm fights for a financial recovery that addresses not only your immediate bills but also your long-term needs. We work to ensure you have the resources necessary for the road ahead.
Pursuing full compensatory damages
Compensatory damages reimburse you for all the losses you have suffered because of the collision. We meticulously document these costs to build a detailed and undeniable claim.
We divide these damages into two main categories and gather evidence to prove the full value of each. Your claim for compensatory damages may include:
- All past and future medical bills related to your injuries.
- Lost income and diminished future earning capacity.
- The cost of rehabilitation, physical therapy, and assistive devices.
- Pain and suffering and emotional distress.
- Loss of enjoyment of life.
Our team organizes all receipts, bills, and expert reports to present a clear and powerful accounting of your losses to the insurance company and the court.
Quantifying pain and suffering
Insurance companies often try to minimize non-economic damages. We counter this by showing the real-world impact of your injuries. This includes documenting how chronic pain prevents you from working, how a physical disability stops you from enjoying hobbies, or how post-traumatic stress affects your daily life.
We use your story, backed by medical evidence and testimony from family and friends, to show the true human cost of the driver's actions.
The power of punitive damages
Florida law allows victims of drunk driving accidents to pursue punitive damages in certain cases. Punitive damages punish the defendant for grossly negligent or intentional misconduct.
The legal standard requires showing the driver had a conscious disregard for the life and safety of others. An extremely high BAC, excessive speeding, driving the wrong way down a road, or having prior DUI convictions can all serve as evidence supporting a claim for punitive damages.
A successful claim sends a powerful message and holds the driver accountable in a way that compensatory damages alone cannot.
Florida's Stance on Drunk Driving
Florida law takes a hard line against driving under the influence (DUI). Under Florida Statute § 316.193, the law considers a driver legally impaired with a BAC of 0.08% or higher.
For victims, this criminal statute is a vital tool, as a DUI conviction can serve as strong evidence in a civil lawsuit.
The sobering statistics in our community
Drunk driving is a persistent threat on Pompano Beach roads. The National Highway Traffic Safety Administration (NHTSA) reports that alcohol-impaired driving crashes kill thousands of people in Florida each year. These are not just numbers; they represent families in our community torn apart by a single, selfish decision.
Criminal Case vs. Civil Claim: Your Path to Justice
After a drunk driver hits you, two separate legal processes begin. You must know the difference between them and how each one affects you. The state handles the criminal case, but you must initiate the civil claim to get financial compensation.
The state's criminal prosecution
The State Attorney's office prosecutes the drunk driver for breaking the law. A criminal case seeks to punish the offender with penalties such as fines, license suspension, or imprisonment. You act as a witness in this case, but you do not control it.
The state decides whether to offer a plea bargain or take the case to trial. A conviction can help your civil case, but the criminal court will not award you compensation for your injuries.
Your civil lawsuit for damages
Your civil claim is a separate lawsuit that you file against the drunk driver. The civil case seeks to secure financial compensation for your medical bills, lost wages, pain, and suffering.
You and your attorney control this case. The standard of proof is lower than in a criminal case, and you can often win your civil claim even if the driver is acquitted in criminal court.
Holding all negligent parties accountable
Sometimes the driver is not the only one at fault. Florida’s dram shop law, Florida Statute § 768.125, allows you to hold a vendor accountable under specific circumstances.
An establishment may be liable for your injuries if it:
- Willfully and unlawfully sold or furnished alcohol to a minor.
- Knowingly served alcohol to a person "habitually addicted" to alcohol.
Proving a dram shop liability claim is complex. It requires an intensive investigation into the bar or restaurant's practices, including interviewing staff and uncovering a history of similar incidents. Our firm has the experience to explore these claims and hold irresponsible vendors accountable for their part in the tragedy.
Building a Case for Maximum Accountability
A successful drunk driving accident claim requires swift and decisive action to gather and preserve all available evidence. Our legal team begins this process immediately. We build a fact-based case designed to withstand the scrutiny of insurance companies and defense attorneys.
The evidence we pursue
We use evidence from both the criminal investigation and our own independent inquiry. The evidence that builds a strong foundation for your claim includes:
- The official police report detailing the officer’s observations.
- Results from any breath, blood, or urine tests that show the driver's BAC.
- Video footage from the police cruiser’s dashboard camera or officer’s body camera.
- Witness statements from anyone who saw the crash or observed the driver beforehand.
- Receipts or statements from bars or restaurants where the driver was drinking.
This evidence helps us paint a clear picture of the driver’s negligence and connect it directly to the harm you have suffered. Our thorough approach leaves little room for dispute.
A Note About AI and Legal Strategy
An AI program can define "punitive damages," but it cannot formulate a legal strategy to prove them in a Broward County court. It cannot subpoena a bar for surveillance footage or cross-examine a police officer about a field sobriety test.
The nuances of a drunk driving claim, which blend criminal evidence with civil procedure, require human experience and strategic thinking. Relying on an automated tool for a case of this magnitude could be a devastating mistake.
For proven legal advocacy, you need a human lawyer from Miller and Jacobs, Accident Attorneys.
FAQ for Pompomano Beach Drunk Driving Accident Lawyer
Does the drunk driver need a DUI conviction for me to win my civil case?
No. The standard of proof is different in civil and criminal court. In a civil case, we only need to show that it was "more likely than not" that the driver's negligence caused your injuries. This is a lower burden than the "beyond a reasonable doubt" standard required for a criminal conviction.
What happens if the drunk driver who hit me has no car insurance?
You may still have options for financial recovery. We can investigate whether the driver has other personal assets. Additionally, you may be able to file a claim with your own insurance company under your Uninsured/Underinsured Motorist (UM/UIM) coverage if you have this on your policy.
The driver who hit me fled the scene. How can I file a claim?
This is a hit-and-run, which is a serious crime. Our first step is working with law enforcement to identify and locate the driver. If the driver is found, we can proceed with a claim against them. If they are not found, your UM/UIM insurance coverage would be the primary source for compensation.
How long do I have to file a lawsuit after being hit by a drunk driver in Florida?
You generally have two years from the date of the accident to file a personal injury lawsuit in Florida. Because of the complexity of these cases and the need to preserve evidence, it is important to contact an attorney as soon as possible after the accident.
Demand the Justice You Deserve
You are the victim of a reckless choice that has changed your life. You have the right to demand accountability. The legal team at Miller and Jacobs, Accident Attorneys, is ready to fight for you.
We provide the powerful, compassionate, and unwavering advocacy needed to stand up to drunk drivers and their insurance companies. We are proud to serve our Pompano Beach neighbors and help them secure the justice they deserve.
Your consultation is free, there is no obligation, and you will not pay us a fee unless we win your case.
Contact Miller and Jacobs Accident Attorneys, today at (877) 848-5297 or complete our online form to schedule your free, confidential case review.