Jun 24, 2020
Pedestrian Injured by a Drunk Driver in Florida
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Being struck by a drunk driver is one of the most devastating accidents a pedestrian can experience. These crashes often lead to severe or even life-threatening injuries, and in many cases, they could have been completely prevented. If you or a loved one was a pedestrian injured by a drunk driver in Florida, you deserve to know your rights and how to pursue full compensation for your damages.
Understanding Your Rights Like a Pedestrian Injured by a Drunk Driver in Florida
Florida law is clear: driving under the influence of alcohol or drugs is illegal, and those who choose to do so can be held civilly and criminally responsible for the harm they cause. When a drunk driver hits a pedestrian, the injured person has the right to file a personal injury claim to recover damages such as:
- Medical expenses and rehabilitation costs
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Long-term disability or disfigurement
Even if the at-fault driver faces criminal DUI charges, that process does not automatically compensate you for your losses. A personal injury claim allows you to recover directly from the driver’s insurance or, if necessary, through a lawsuit.
What to Do After Being Hit by a Drunk Driver
If you were struck by a vehicle, the first step is always to seek medical attention immediately, even if your injuries seem minor. Some trauma, such as internal bleeding or concussions, might not show symptoms right away.
Next, try to:
- Call the police. Ensure an official report is filed. Mention any signs that the driver might have been intoxicated (odor of alcohol, slurred speech, etc.).
- Collect evidence. Take photos or videos of the scene, your injuries, and any vehicle damage.
- Gather witness information. Their testimony can be crucial later.
- Do not speak with insurance companies without legal guidance. They may try to minimize your claim.
A qualified attorney can investigate the driver’s background, obtain police and toxicology reports, and determine whether bars, restaurants, or others may share liability under Florida’s Dram Shop Law.
Can I File a Claim if the Driver Wasn’t Arrested for DUI?
Yes. Even if the driver was not formally arrested or charged with DUI, you may still have a valid personal injury claim. In civil court, your lawyer can prove negligence by showing that the driver was impaired or driving recklessly at the time of the crash. Evidence such as witness statements, surveillance footage, and the officer’s observations can help establish fault.
Why You Need a Pedestrian Accident Attorney
Drunk driving cases can be complex—particularly when it comes to proving impairment and calculating the full value of your losses. Insurance companies often try to settle these claims quickly and for far less than they’re worth.
An experienced Miami pedestrian accident lawyer can:
- Handle all communication with insurers and law enforcement
- Investigate the accident and collect strong evidence
- Consult medical experts to determine the full impact of your injuries
- Negotiate or litigate for the maximum compensation possible
Get Help from AccidentLawFirm.com
At AccidentLawFirm.com, our attorneys have extensive experience representing victims of pedestrian and DUI-related crashes across Florida. We understand the emotional and physical toll these accidents cause, and we fight to make sure you are treated fairly.
If you or a loved one was injured as a pedestrian by a drunk driver, contact our Miami personal injury team today. We will review your case, explain your options, and help you pursue the justice and compensation you deserve.
Call AccidentLawFirm.com now for a free consultation.