If a drunk driver injures you or someone you love, you have legal rights. Of course, you’ll want to cooperate with any criminal investigation. But drunk drivers face more than criminal charges and penalties. You may file a civil claim to pursue monetary compensation for your injuries.

An experienced Ocala drunk driving accident lawyer at Steven A. Bagen & Associates, P.A. can protect your rights and stand up to insurance companies for you. Among our case results, we recovered $2,500,000 for a client who suffered injuries because of a drunk semi-truck driver, and we strive to hold other impaired drivers fully accountable.

Don’t risk your drunk driving civil claim to just any Ocala drunk driving accident attorney. Instead, contact Steven A. Bagen & Associates, P.A., to meet with a skilled attorney to discuss your claim as soon as possible.

The longer you wait to reach out after a Florida drunk driving accident, the more necessary evidence supporting your claim might disappear.

Having an attorney on your side as soon as possible increases the chances of you recovering the financial compensation you deserve. An experienced car accident attorney is like having an ace in the hole.

Table of Contents

Florida’s Criminal Drunk Driving Laws

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Every time you get in a vehicle and venture out on Florida roads, you put yourself at risk. According to the National Safety Council (NSC), motor vehicle accidents are so often dangerous that there is a one in 114 chance that an individual will suffer severe injuries from one. However, if alcohol is involved, these odds dramatically increase.

Under Florida law, driving under the influence (DUI) includes impairment not only by alcoholic beverages but also by chemical or controlled substances. For example, a DUI can be proven by the impairment of normal faculties or by blood or breath alcohol level of 0.08 or more. If convicted in a Florida drunk driving accident, it doesn’t matter how the at-fault party was determined impaired.

Under criminal laws, the state assesses Florida’s drunk drivers according to the following fine schedule:

For a first conviction:

  • Between $500 and $1,000
  • For a blood/breath alcohol content (BAC) of 0.15 or more, or if there was a minor child in their car, between $1,000 and $2,000

For a second conviction:

  • Between $1,000 and $2,000
  • For a BAC of 0.15 or more, or if there was a minor child in their car, between $2,000 and $4,000

Third conviction:

  • Between $2,000 and $5,000
  • For a BAC of 0.15 or more, or if there was a minor child in their car, a minimum of $4,000

Fourth or subsequent conviction:

  • A minimum of $2,000
  • For a BAC of 0.15 or higher, or if there was a minor in their car, a minimum of $4,000

Fines aren’t the only criminal penalty drunk drivers will face. They also face possible imprisonment, perhaps in a residential alcoholism or drug abuse treatment program at the judges’ discretion. The perpetrator will be given credit for the term of imprisonment. So, for example, if they are sentenced to nine months of imprisonment but spend three months in a drug abuse treatment program, they will serve six months in prison.

First conviction:

  • Imprisonment for six months or fewer
  • If BAC was 0.15 or higher, or if there was a minor child in their car, imprisonment for nine months or fewer months

Second conviction:

  • Imprisonment for nine months or fewer
  • If BAC was 0.15 or higher, or if there was a minor child in their car, imprisonment for 12 months or fewer months
  • If the second conviction was within five years of the last belief, mandatory imprisonment of a minimum of ten days with at least 48 hours of consecutive confinement

Third conviction:

  • If the third conviction is within ten years of the last conviction, mandatory imprisonment of a minimum of 30 days with at least 48 hours of consecutive confinement
  • If the third conviction is more than ten years after prior conviction, imprisonment for 12 months or fewer

Fourth or subsequent conviction:

If the perpetrator is a habitual/violent offender, they can face imprisonment for up to five years.

Drivers License Revocation

Those convicted of a DUI will also have their driver’s license revoked according to the law:

  • First offense (no bodily injury): At least 180 days revocation and up to one year
  • First offense with bodily injury: At least three years revocation.
  • Second offense within five years from last conviction: Minimum five years revocation Consideration is available for hardship reinstatement after one year.
  • Second offense five or more years after a first conviction: Same revocation periods as first offense apply.
  • Third offense within ten years of the second conviction: At least ten years revocation Consideration is available for hardship reinstatement after two years.
  • Third offense ten or more years after the second conviction: Same revocation periods as first offense apply.
  • Fourth conviction, no matter when previous convictions occurred: Mandatory permanent revocation with consideration for hardship reinstatement after five years. The revocation period begins when the driver leaves incarceration.
  • DUI manslaughter: Mandatory permanent revocation. Consideration is given for hardship reinstatement after two years if there are no previous DUI-related convictions.
  • Manslaughter, DUI serious bodily injury or vehicular homicide convictions: At least three years revocation.
  • DUI serious bodily injury having prior DUI conviction: At least five years after the first conviction, the same revocation periods as a first offense apply.

Isn’t a Criminal Case Enough?

While Florida certainly has some strict penalties for drivers who choose to drink and get behind the wheel under the influence of alcohol, the criminal consequences don’t include paying you for all of your damages. Suppose you want justice and to receive compensation for your injuries and damages. In that case, you will need to file a personal injury lawsuit in addition to any criminal charges the at-fault party faces. An experienced Ocala drunk driving accident attorney can take on this task for you.

While courts conduct criminal and civil cases separately, a criminal conviction can sometimes help recover monetary damages. Your attorney can use the prosecutor’s criminal evidence in your civil drunk driving accident case.

Drunk Driving Accident Damages

Damages are the financial representation of your losses, suffering, and inconveniences. Compensable damages include economic or special and non-economic or general.

Economic damages include current and future:

  • Lost wages and other income
  • Medical expenses, including medications, medical equipment, surgeries, hospital stays, emergency care, ambulance bills, doctor and specialist visits, and physical therapy
  • Property damage
  • Attorney and legal fees
  • Transportation to and from medical appointments
  • Help with household tasks such as childcare, grocery shopping, cooking, and cleaning.

Your Ocala drunk truck driver accident lawyer will add your expenses to determine the economic damages you deserve.

Non-economic damages include current and future:

  • Pain and suffering
  • Mental anguish
  • Humiliation
  • Scarring and disfigurement
  • Loss of enjoyment of life
  • Loss of consortium
  • Loss of a limb or bodily function

However, these damages are more challenging to calculate since they don’t have an inherent or calculable value. Discuss what damages you may recover and how to calculate them with your Ocala drunk driving accident attorney.

Different formulas can determine how much you should receive for your non-economic damages. Keep in mind that the more severe the injuries, the higher value your damages will have. For example, someone who sustained a paralyzing neck injury will receive more than someone who broke their elbow.

Punitive Damages

While not many car accident cases qualify for punitive damages, drunk driving cases typically do. While compensatory damages compensate injured victims in a car accident, punitive damages punish the offending party.

Courts only award victims punitive damages in cases when the at-fault party knew their actions were likely to cause severe harm to others. Drunk driving certainly fits the requirements. Punitive damages would punish and deter the intoxicated driver from participating in the same wanton and egregious behaviors. The punitive damages a judge will award depend on several factors. You can discuss what yours might be worth with your Ocala drunk driving accident attorney.

Ocala Drunk Driving Accident FAQs

What Does an Ocala Drunk Driving Accident Lawyer Do?

An Ocala drunk driving accident attorney, along with their staff members, takes on many tasks when pressing your case so that you can focus on recovering from your injuries.

Their duties entail:

  • Assessing your claim to determine if you have a case
  • Gathering and preserving evidence
  • Obtaining police reports and medical records
  • Documenting your economic damages
  • Investigating your accident
  • Determining who was liable
  • Researching available insurance policies
  • Arranging medical liens if necessary and paying them when your case concludes
  • Writing a demand letter to the insurance company
  • Interviewing witnesses
  • Negotiating a settlement with the at-fault party or their insurance company
  • If a full and fair settlement is not possible, litigating your case in court

Our Ocala drunk driving accident lawyers work on contingency fees only. This means you pay nothing unless we settle your case or obtain a court award on your behalf. Let our attorneys take care of your claim so that you can take care of yourself.

What Injuries Do Drunk Drivers Cause?

Depending on the specific circumstances of the accident, drunk drivers can cause some very serious and sometimes catastrophic or deadly injuries.

Some of the most common include:

  • Burns
  • Lacerations
  • Facial and eye injuries
  • Broken bones such as limbs, ribs, spine, pelvis, and skull
  • Traumatic brain injuries (TBI) and concussions
  • Spinal cord injuries (SCI)
  • Paralysis
  • Post-traumatic stress disorder (PTSD)
  • Internal organ damage
  • Internal bleeding
  • Soft tissue injuries
  • Chest injuries
  • Whiplash

After a Florida drunk driving accident, seek medical attention right away. Many of these injuries require extensive treatment, surgeries, and hospitalizations. They may also require the injured party to take weeks, months, or even years away from their job to recover. If left undetected, some injuries can become life-threatening.

Additionally, you want medical documentation of your injuries right away. If they aren’t, the at-fault party’s insurance company may try to say they are the result of something else you did after the accident already occurred. After a drunk driver hits you, make medical care your first priority. Your second should be to call a qualified Ocala drunk driving accident lawyer for legal advice.

How Do We Investigate Drunk Driving Accidents?

When you retain our law firm, we get right to work investigating any alcohol-related accident. Our Ocala drunk driving accident lawyers have substantial experience handling drunk driving accident claims. We will investigate the at-fault party’s criminal history and driving record to determine whether they had prior DUIs or traffic violations.

In addition, we will seek discovery from the current criminal drunk driving case for crucial evidence concerning their blood alcohol concentration (BAC) levels, field sobriety tests, witness and police officer statements, and where they drank before they got behind the wheel.

Additionally, we will look for video surveillance footage of the accident, such as on traffic cameras or stores that have video surveillance. The drunk driver may try to skirt their responsibility by fleeing the scene in a hit and run. Law enforcement officers may still track the drunk driver down. Suppose the drunk driver leaves the scene and police officers do not find them. In that case, your uninsured/underinsured motorist policy (UM), if you have one, should provide coverage for the collision.

Call a Skilled Ocala Drunk Driving Accident Lawyer for Help Today

steven a bagen
Steven A. Bagen, Esq, Drunk Driving Accident Attorneys

We are skilled negotiators and settle most claims we handle before they go to trial. However, if the defendant fails to offer the compensation you deserve, we will gladly represent you through the litigation phase. 
Call us today at (800) BAGEN LAW or online for your confidential and free drunk driving accident case consultation with an experienced Ocala drunk driving accident attorney. We have helped drunk driving accident victims and their families seek financial recovery for over three decades. We want to do the same for you. An experienced DUI accident lawyer can help.

Frequently Asked Questions

Q: What types of cases does your personal injury law firm handle? A: Our law firm specializes in representing victims of car accidents caused by negligent drivers, particularly those involving drunk driving accidents. If you or a loved one has been injured in a car accident in Ocala or the surrounding areas due to someone else’s negligence, we can assist you with your car accident claim.

Q: How can I recover compensation after a drunk driving accident? A: If you’ve been injured in a car accident caused by a drunk driver, you may be entitled to recover compensation for your medical bills, lost wages, pain and suffering, and other damages. Our experienced personal injury attorneys will fight to ensure you receive fair compensation from the negligent driver’s insurance company.

Q: What should I do after a car accident involving a drunk driver? A: After a car accident involving a drunk driver, it’s crucial to seek medical attention immediately, even if you don’t feel injured. Document the scene with photos and witness statements, and avoid speaking to the other driver’s insurance company until you’ve consulted with an attorney.

Q: How long do I have to file a car accident claim? A: In Florida, the statute of limitations for filing a personal injury claim after a car accident is generally four years from the date of the accident. However, it’s best to consult with an attorney as soon as possible to ensure your claim is filed correctly and within the legal time frame.

Q: How much does it cost to hire a personal injury attorney? A: Our personal injury law firm operates on a contingency fee basis, meaning you don’t pay any upfront costs or fees. We only receive a percentage of the compensation we recover for you, ensuring you don’t have to worry about legal expenses while seeking justice.

Q: How long does it take to resolve a car accident claim? A: The duration of a car accident claim can vary depending on the complexity of the case and the insurance company’s willingness to negotiate a fair settlement. While some claims may be resolved within a few months, others may take longer if a lawsuit needs to be filed. Our attorneys will work diligently to resolve your claim as efficiently as possible.

Q: Do you handle distracted driving accidents in addition to drunk driving cases? A: Yes, our legal team has extensive experience representing clients in Ocala and throughout Marion County who have been victims of car accidents caused by distracted driving, drunk driving, or other forms of negligent behavior on the part of the at-fault driver.

Q: What should I do if I’ve been involved in a car wreck in Marion County? A: If you’ve been involved in a car accident or car wreck in Marion County or the Ocala area, it’s crucial to seek medical attention immediately, even if you don’t feel injured. After ensuring your safety, contact our personal injury law firm as soon as possible. We can guide you through the process of documenting the accident and building a strong Ocala car accident case to seek compensation for your injuries and damages.

Q: How can your legal team help me seek compensation after a car accident in Ocala? A: Our experienced legal team has a deep understanding of personal injury law and the challenges involved in seeking compensation after a car accident in Ocala or Marion County. We’ll thoroughly investigate your case, gather evidence, and negotiate with the insurance companies on your behalf. If they refuse to offer a fair settlement, we’re prepared to take your case to court to fight for the compensation you deserve.

Q: What makes your law firm the best choice for an Ocala car accident case? A: Our personal injury law firm has a proven track record of success in handling Ocala car accident cases, particularly those involving negligent drivers, drunk driving, and distracted driving accidents. We have a dedicated legal team with extensive knowledge of local laws and a commitment to providing personalized attention to each client. Our goal is to help you seek the maximum compensation possible for your injuries and damages, and we’ll work tirelessly to achieve the best outcome for your case.

Remember, if you or someone you know has been injured in a car accident caused by a negligent driver, especially a drunk driver, don’t hesitate to contact our personal injury law firm for a free consultation. We’ll fight tirelessly to protect your rights and help you recover the compensation you deserve.

OCALA

1521 S Pine Avenue
Ocala, FL 34471
Phone:352-377-9000

Testimonial:

My experience was more than great, from the moment I acquired about their services to the moment my case was finalized and settled, there was steady communication, and I was consistently in the loop. They explain things to you in a way that you can understand and ensure that you are involved in the decision making. Everyone is super kind and stays in contact with you even after settling. They truly care about your well being and I will definitely keep them at the top of the list for any other cases.

Christina Augustin