When the driver who hit you was impaired, you are dealing with a situation that is entirely different from a standard car crash. The person responsible made a conscious decision to endanger you and everyone else on the road. 

It provides an opportunity to pursue punitive damages, which is a form of compensation designed to punish the offender for their reckless behavior. It also means you are likely facing more severe injuries, as impaired drivers often fail to brake before impact, leading to violent, high-speed collisions.We understand that untangling legal deadlines, insurance policies, and court procedures is the last thing you should be forced to handle while trying to heal. You deserve clear answers and a clear path forward. For a no-cost, no-obligation conversation about your case, contact Steven A. Bagen & Associates, P.A. at (352) 377-9000.

SCHEDULE A FREE CONSULTATION
 

Why Choose Steven A. Bagen & Associates for Your Ocala DUI Accident Claim?

Our Experience Delivers Results

For over four decades, our practice has focused on helping people injured across Florida. This has given us a deep understanding of how to manage these specific kinds of cases.

  • 99% Success Rate: We have a consistent history of achieving positive outcomes for our clients.
  • Hundreds of Millions Recovered: Our track record shows our ability to pursue the maximum compensation available under the law.

Our dedication to our clients has been recognized by several respected legal organizations.

  • Top 100 Trial Lawyers: The American Trial Lawyers Association has named our firm among the top 100 for personal injury.

Our Commitment to You

We give every case the direct, personalized attention it needs.

  • You Pay Nothing Unless We Win: We work on a contingency fee basis. This means you will not receive a bill from us unless we successfully recover money for you.
  • Free Case Review: Your first meeting is always free. It is a chance for you to ask questions and for us to learn how we can help, without any pressure.

Our Ocala office is conveniently located at 1521 S Pine Ave, Ocala, FL 34471, near AdventHealth Ocala, making it easy for you to connect with our team.

What Compensation Can Be Pursued After a Drunk Driving Accident?

A personal injury claim is designed to provide you with financial stability after a crash caused by someone else’s choices. The compensation is meant to cover every loss you have experienced, both the ones with a clear price tag and the ones that are deeply personal.

Economic Damages: The Documented Costs

These are the direct financial losses that could be proven with bills, receipts, and income statements.

  • Medical Expenses: This covers everything from the ambulance ride and emergency room care to any future surgeries, physical therapy, and medications.
  • Lost Wages: Compensation for the income that vanished while you were unable to work.
  • Loss of Earning Capacity: If your injuries keep you from returning to your former career, you are able to pursue compensation for the projected loss of income over your lifetime.
  • Property Damage: The cost to repair or replace your vehicle and any other personal items destroyed in the collision.

Non-Economic Damages: The Human Toll

These damages are intended to address the personal losses that have impacted every aspect of your life.

  • Pain and Suffering: Compensation for the physical pain and emotional distress you have been forced to endure.
  • Mental Anguish: This includes conditions like anxiety, depression, or post-traumatic stress disorder (PTSD) that arise from the traumatic event.
  • Loss of Enjoyment of Life: If your injuries now prevent you from taking part in hobbies, family activities, or other pursuits you once enjoyed.

Punitive Damages: Holding Reckless Drivers Accountable

In drunk driving cases, Florida law often allows for the pursuit of punitive damages. Unlike other forms of compensation, these are not meant to cover a loss you suffered.

  • Their Purpose: Punitive damages are intended to punish the defendant for grossly negligent or intentional behavior and to discourage others from making the same dangerous choice.
  • DUI Cases in Florida: The act of driving while intoxicated is typically considered egregious enough to justify a claim for punitive damages. Florida law contains specific provisions that make it easier to pursue these damages in DUI cases than in other types of negligence claims.

How Does Florida’s Fault System Affect Your Claim?

Florida uses a “modified comparative negligence” system. This legal rule examines whether your own actions contributed to the accident in any way.

  • The 51% Bar: Under Florida Statute §768.81, if you are found to be 51% or more responsible for the crash, you are blocked from recovering any compensation.
  • Reduced Compensation: If you are found to be 50% or less at fault, your compensation is reduced by your percentage of fault. 

Insurance companies conduct a thorough investigation, looking for any evidence to argue you were partially at fault. Our role is to keep them accountable and ensure no amount of blame is unjustly put on you.

The Stark Reality of Drunk Driving in Ocala and Marion County

Impaired driving is a serious and immediate threat to our community. According to recent data from the Florida Department of Highway Safety and Motor Vehicles, Marion County had more alcohol-related traffic fatalities than 63 of Florida’s 67 counties.

Where Do Most Ocala Accidents Occur?

While an impaired driver can cause a crash anywhere, certain Ocala intersections and roads are known hotspots due to high traffic and complicated designs. We frequently see accidents at:

  • I-75 Interchanges: The exits at Silver Springs Boulevard, Blitchton Road, and College Road are common collision sites, particularly during peak travel times.
  • Silver Springs Boulevard: This major east-west artery, especially at intersections with SE 25th Avenue and Pine Avenue, is a known trouble spot.
  • Pine Avenue and SW 17th Street: The combination of heavy traffic and pedestrian activity makes this intersection a frequent location for T-bone crashes.
  • State Road 40: This road has been the site of several major accidents, including a recent bus crash involving an impaired driver.

A drunk driving accident sets two distinct legal processes in motion: a criminal case brought by the state against the driver and a civil claim for your damages. Our firm handles your civil claim, but the outcome of the criminal case could have a direct impact on your case.

The Criminal Case vs. Your Civil Claim

The two legal tracks operate independently but are related.

  1. The criminal justice system is focused on punishing the driver for breaking the law. A conviction could result in fines, license suspension, or jail time.
  2. Your civil claim, on the other hand, is focused on securing financial compensation for the harm you have suffered.

A guilty plea or conviction in the criminal case is powerful evidence in your civil claim. It establishes the driver’s fault, making it much more difficult for their insurance company to dispute liability.

Key Florida Laws That Will Shape Your Case

  • Florida’s DUI Statute: A driver is legally under the influence if their normal faculties are impaired or if they have a Blood Alcohol Concentration (BAC) of 0.08% or higher. Penalties increase if the BAC is 0.15% or higher, or if the DUI causes serious injury or death, as outlined in Florida Statute 316.193.
  • Personal Injury Protection (PIP): Florida is a “no-fault” state, which means all drivers must carry at least $10,000 in PIP coverage. Your own PIP insurance is the first source of payment for your initial medical bills (up to 80%) and lost wages (up to 60%), no matter who caused the crash. You must seek medical treatment within 14 days of the accident to be eligible for these benefits.
  • The “Serious Injury Threshold”: To step outside the no-fault system and sue the at-fault driver for non-economic damages like pain and suffering, your injuries must meet a legal standard. Florida law defines this as a significant and permanent loss of a bodily function, a permanent injury, significant scarring or disfigurement, or death.
  • Statute of Limitations: This is the firm deadline for filing a lawsuit. For most personal injury cases in Florida, you have two years from the date of the accident to file your claim. For a wrongful death claim, the deadline is two years from the date of your loved one’s death.

Building Your Case: The Evidence That Matters

A strong claim is built on solid evidence. We work to gather all available proof to demonstrate the other driver’s fault and the full extent of your losses. This includes:

  • Police and Accident Reports: These documents provide an official account of the incident and often note the officer’s suspicion of impairment.
  • BAC Test Results: The results from a breathalyzer, blood, or urine test are definitive proof of intoxication.
  • Field Sobriety Test Footage: Video from an officer’s dashcam or bodycam could show clear signs of impairment.
  • Witness Statements: Testimony from anyone who saw the crash or observed the driver’s behavior can be very persuasive.
  • Expert Analysis: We may work with accident reconstruction specialists to analyze the crash dynamics and medical experts to explain the long-term impact of your injuries.

Dealing with the Insurance Company

Shortly after the crash, you should expect a call from an adjuster representing the at-fault driver’s insurance company. It helps to understand their role in this process.

A Business Transaction

Insurance companies are businesses that must balance paying legitimate claims while remaining profitable. Their adjusters are trained negotiators whose job is to investigate claims and resolve them for a reasonable amount.

The claims process is long, tedious, and filled with paperwork. It is easy to get frustrated as bills pile up, and some people feel pressured to accept a lower offer just to put the matter behind them. Our role is to manage this entire process for you, ensuring every document is filed correctly and on time.

What to Be Aware Of

  • Requests for a Recorded Statement: You are not required to provide a recorded statement to the other driver’s insurance company. They could use seemingly harmless comments to argue that you share some of the blame for the accident.
  • Premature Settlement Offers: An insurer might make a quick offer before the full extent of your injuries and future medical needs are known. Accepting this offer closes your claim for good, even if your condition worsens later.

What Should You Do to Protect Your Claim?

While we handle the legal work, there are steps you should take to strengthen your case and protect your right to fair compensation.

An Action Plan for After the Crash

  • Follow Your Doctor’s Orders: Attending all follow-up appointments and physical therapy sessions is important. It creates a clear medical record and shows the insurer you are serious about your recovery.
  • Keep a Pain Journal: Each day, write down your pain levels, physical limitations, and emotional state. Note specific examples, like “couldn’t sleep through the night because of back pain” or “had to ask for help carrying groceries.” This provides a powerful, humanizing account of your suffering.
  • Organize Your Documents: Keep a file of all accident-related paperwork, including medical bills, receipts, and any letters from insurance companies.
  • Stay off Social Media: Do not post about the accident, your injuries, or your daily activities. Insurance companies will review your social media profiles, looking for anything they could use to suggest your injuries are not as severe as you claim.

Frequently Asked Questions About Ocala Drunk Driving Accident Claims

What if the drunk driver was not convicted in their criminal case?

This does not stop you from pursuing a civil claim. The two systems have different standards of proof. In a criminal case, the prosecutor must prove guilt “beyond a reasonable doubt.” In a civil case, we only need to show by a “greater weight of the evidence” that the driver’s impairment caused your injuries which is a much lower bar.

Why do I have to use my own PIP insurance if the other driver was drunk?

This is a common point of confusion. Florida’s no-fault law requires your own PIP insurance to be the primary source for your initial medical bills and lost wages, regardless of who is at fault. This system was designed to ensure that injured people get immediate medical care paid for without waiting for a lengthy fault investigation. Once your PIP benefits are exhausted, we then pursue the at-fault driver’s insurance for the remaining costs and other damages.

What if the drunk driver has no insurance or not enough to cover my bills?

This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes incredibly important. If you have this optional coverage on your auto policy, we can file a claim with your own insurance company to cover the shortfall.

Can a bar or restaurant be held responsible for over-serving the driver?

Florida has a “dram shop law,” but it is quite limited. Under Florida Statute § 768.125, a bar or restaurant may generally only be held liable if they served alcohol to someone who was underage or to a person they knew was “habitually addicted” to alcohol. Proving this is difficult, but it is an avenue we always investigate.

Do I have to go to court to get compensation?

Most personal injury cases are resolved through a settlement negotiated with the insurance company. We prepare every case as if it is going to trial, which shows the other side we are serious and puts us in a strong position to negotiate. If the insurance company refuses to make a fair offer, we will be fully prepared to present your case to a jury.

Take the First Step with Steven A. Bagen & Associates, P.A.

Being hit by an impaired driver is a traumatic experience that changes your life in an instant. Our team has the experience and resources to manage every part of your claim, so you can focus on the most important thing: your health and your family.

When you are ready to talk, we are here to listen. Call Steven A. Bagen & Associates, P.A. today at (352) 377-9000 or contact us online to schedule your free, confidential consultation.