Drunk Driving Car Accident in Fort Myers? A Victim's Guide to Protecting Your Rights
Every 45 minutes, drunk driving accidents claim another life in the United States. Thirty-two people die each day from these completely preventable tragedies. When a drunk driver hits you in Fort Myers, you're suddenly dealing with serious injuries, mounting medical bills, and a legal system that feels impossible to understand.
These devastating crashes cause approximately one-third of all traffic deaths statewide. The injuries you suffer from drunk driving collisions are typically much worse than regular car accidents because the impaired driver can't react in time to avoid or reduce the impact.
More than 11,000 people get injured every year in Florida after being struck by drunk drivers. You shouldn't have to face this nightmare alone while trying to figure out your legal rights and get the money you need for your recovery.
Someone made a reckless choice to get behind the wheel while intoxicated, and that choice changed your life forever. Working with an experienced drunk driving accident attorney can make all the difference in your recovery and your future. We understand the unique challenges you're facing right now, and we know exactly how to hold drunk drivers accountable for the pain they've caused you and your family.
This guide will show you the critical steps to take after your collision, explain your rights under Florida law, and help you understand how to make sure every responsible party pays for what they've done to you.
What to Do Immediately After a Drunk Driving Accident
The moments right after a drunk driving accident feel chaotic and overwhelming. Your heart is racing, you might be in shock, and you're probably scared about what happens next. The decisions you make in these first critical minutes can determine how much compensation you receive and how quickly you recover.
Call 911 and report the crash
Call emergency services immediately, even if you think the accident is minor. Tell the dispatcher you suspect the other driver is intoxicated. Stay calm and get to a safe spot if you can, then turn on your hazard lights so no one else gets hurt. Don't let the drunk driver talk you out of calling the police - they might try to convince you it's not necessary, but that's not their choice to make. Florida law says you must report any crash involving injuries or property damage estimated at $500 or more.
Get medical help even if injuries seem minor
Go to the hospital or see a doctor right after the accident, even if you feel fine. We've seen too many clients who thought they were okay, only to discover serious injuries like internal bleeding or brain trauma days later. Your medical records become the backbone of your case - they create a documented timeline of your injuries and treatments that insurance companies can't argue with. If you have been injured in an accident and need a lawyer, call Pittman Law firm, P.L. today for a free consultation.
Document the scene and gather witness info
Take pictures of everything with your phone - all the cars from different angles, close-ups of damage, skid marks, road conditions, traffic signs, and even the weather. Get these photos before anyone moves the vehicles. Look around for people who saw what happened and get their names and phone numbers. Witnesses can be your strongest allies because they saw how the drunk driver was acting before the crash. Write down everything about the drunk driver too - their name, address, driver's license number, license plate, and insurance information.
Avoid speaking to the other driver's insurer
The drunk driver's insurance company will probably call you within hours of the accident. Remember this: they're not calling to help you - they want to pay you as little as possible. Don't discuss any details about the accident with them. Never give them a recorded statement and don't sign anything they send you without talking to us first. Even saying something innocent like "I'm doing okay" can hurt your case later when they try to claim you weren't really injured.
Understanding Your Legal Rights in Fort Myers
The legal system feels overwhelming when you're trying to recover from a drunk driving accident, but you have powerful rights under Florida law that many victims don't even know about. Don't let insurance companies or the other side take advantage of your situation - understanding exactly what you're entitled to can mean the difference between struggling financially and getting the full compensation you deserve.
Right to compensation under Florida law
You have clear, protected rights when a drunk driver injures you. Since drunk driving automatically qualifies as negligent driving, the law makes it much easier to hold these drivers fully accountable for their reckless choices. Your case often qualifies for "negligence per se" treatment, which means the court considers the driver negligent simply for violating DUI laws. You're entitled to three distinct types of damages: economic damages covering your medical bills, lost paychecks, and property damage, non-economic damages for your pain, suffering, and emotional trauma, and potentially punitive damages when the driver's conduct was especially reckless.
How PIP insurance works in drunk driving cases
Florida's no-fault insurance system normally requires your Personal Injury Protection (PIP) insurance to cover 80% of medical expenses and 60% of lost wages up to $10,000, regardless of who caused your accident. But drunk driving accidents are different. The Crime Victims Exemption under Florida Statute 624.128 allows you to bypass your own PIP system entirely. This special exemption means you can go directly after the drunk driver's insurance first, instead of draining your own benefits while they get off easy.
When you can sue the drunk driver directly
You don't have to settle for Florida's limited no-fault system when a drunk driver destroys your life. The law allows you to step outside this framework and sue the impaired driver directly when your injuries meet the "serious injury threshold". This includes permanent injuries, significant scarring, or substantial loss of bodily function. Most drunk driving accidents cause injuries that far exceed the $10,000 PIP limit, opening the door for you to pursue the full compensation the drunk driver owes you. You have exactly two years from your accident date to file your personal injury lawsuit in Florida.
What happens if the driver is uninsured
Drunk drivers often lack proper insurance, but that doesn't mean you're out of luck. First, check whether you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy - this protection kicks in when the at-fault driver has inadequate or no insurance. UM/UIM coverage protects you, your family members living with you, and your passengers. Even without this coverage, you can still file a lawsuit directly against the driver to recover money from their personal assets. The challenge comes when the driver has few assets to collect from.
Can Others Be Held Responsible for the Crash?
The drunk driver who hit you bears the main responsibility, but that doesn't mean they're the only one who should pay for your injuries. Florida law gives us several ways to go after other parties who played a role in putting that intoxicated driver on the road. We know how to identify every possible source of compensation for our clients, and we'll fight to make sure you get money from everyone who contributed to your accident.
Florida's dram shop law explained
Florida's dram shop law (Florida Statute 768.125) allows us to sue businesses that sell alcohol under specific circumstances. The law is more limited than what you'll find in other states, but we can still use it effectively when bars or restaurants knowingly serve someone who is "habitually addicted" to alcohol or when they willfully provide alcohol to underage individuals. What many people don't realize is that Florida doesn't let you sue just because a bar served someone who looked drunk - the law requires more specific violations.
When bars or restaurants can be sued
We can hold establishments liable only when they knowingly serve someone with a documented alcohol addiction or serve minors. Building a strong dram shop claim means we need to prove the vendor actually knew about the patron's addiction or underage status. This requires digging deep for evidence - witness testimony about the patron's history at that establishment, prior incidents, or communications that show the bar knew they shouldn't be serving that person. The law only applies to businesses serving alcohol for immediate consumption, so package stores that sell liquor for takeout can't be held responsible.
Social host liability in private gatherings
Private hosts who throw parties generally have more protection under Florida law. You typically can't sue someone for injuries caused by their drunk adult guests. But we can pursue claims when hosts provide alcohol to minors. Serving alcohol to underage individuals creates both criminal penalties and civil liability when someone gets hurt. Hosts can even face license suspension under Florida statute section 322.057.
Employer liability if the driver was working
Employers can be on the hook for drunk driving accidents caused by employees who were acting "in the course and scope of employment". This legal principle, called "respondeat superior," makes employers accountable for employee negligence during work duties. We regularly pursue employer liability when delivery drivers, commercial truckers, or employees at company events cause accidents while intoxicated. Individual managers may also face direct liability claims for negligent supervision or training.
We treat every case like we were handling it for a family member, and that means we explore every possible avenue for compensation.
Filing a Personal Injury or Wrongful Death Claim
Getting the justice and compensation you deserve means taking the right legal steps at the right time. We know this process feels overwhelming when you're dealing with injuries and trying to put your life back together, but understanding your options helps protect your family's future.
Who can file a claim in Florida
If you were injured in the drunk driving accident, you have the right to file a personal injury claim directly against the driver who hit you. When someone loses their life to a drunk driver, Florida law says that only the personal representative of the deceased's estate can file a wrongful death claim for the family.
The people who can receive compensation typically include:
Spouses
Children
Parents
Blood relatives or adoptive siblings who depended on the deceased financially
Every family situation is different, and we'll help you understand exactly who qualifies for compensation after losing someone you love to a drunk driver.
Time limits for filing a lawsuit
Florida recently changed its statute of limitations for personal injury cases to just two years from the date of your accident. Wrongful death claims also have this same two-year deadline, starting from the date of death.
Missing this deadline can permanently destroy your right to get any compensation at all. There are very limited exceptions that might give you more time, like when the drunk driver flees the state or gave police false information. Don't wait - the clock is already ticking on your case.
What damages can be recovered
You deserve to be compensated for every way this drunk driver has hurt you and your family. Florida law allows you to recover three different types of damages:
Economic damages - your medical bills, lost paychecks, property damage, and future treatment costs
Non-economic damages - compensation for your pain and suffering, emotional trauma, and how this has affected your ability to enjoy life
Punitive damages - extra money meant to punish the drunk driver for their reckless behavior
If you have been injured in an accident and need a lawyer, call Pittman Law firm, P.L. today for a free consultation. Unlike other types of accidents, Florida law specifically makes it easier to get punitive damages are also available in drunk driving cases.
How a drunk driving accident attorney can help
You need someone who knows exactly how to handle these complex cases and will fight for every dollar you deserve. At our firm, we don't treat you like just another case number - we treat every case like we were handling it for a family member.
We know Florida's complicated injury laws inside and out. More importantly, we conduct thorough investigations to gather the evidence that wins cases - things like toxicology reports and surveillance footage that proves exactly what happened. Insurance companies always try to pay you as little as possible, but our negotiation skills typically result in much higher settlements than they initially offer.
While you focus on getting better, we handle every aspect of the legal process for you. You shouldn't have to become a legal expert on top of everything else you're dealing with right now.
Don't Face This Fight Alone
Being hit by a drunk driver changes everything. You're dealing with injuries that shouldn't have happened, bills that keep piling up, and a future that suddenly feels uncertain. We understand how overwhelming this feels right now, and we want you to know that you don't have to figure this out by yourself.
Florida law gives you powerful tools to fight back against drunk drivers and anyone else who helped put that dangerous person on the road. You should never accept inadequate compensation when someone else's reckless choice to drink and drive has turned your life upside down. Sometimes bars, employers, or even party hosts share responsibility for what happened to you, which means more sources of compensation to cover all your losses.
We know this feels like too much to handle while you're trying to heal. That's exactly why our firm exists - to take this burden off your shoulders and fight for everything you deserve. We'll investigate every detail of your case, gather the evidence that matters, deal with the insurance companies trying to shortchange you, and make sure we don't miss any important deadlines.
Time is critical in these cases. The sooner we get started, the stronger your case becomes. Evidence disappears, witnesses forget details, and Florida's strict time limits won't wait for anyone. If you have been injured in an accident and need a lawyer, call Pittman Law firm, P.L. today for a free consultation.
Money can't take away what happened to you, but it can give you the resources you need to rebuild your life and move forward. Focus on getting better while we handle the legal fight. When we hold drunk drivers accountable, we're not just fighting for your family - we're making Fort Myers roads safer for everyone who drives them.
Key Takeaways
If you've been injured by a drunk driver in Fort Myers, understanding your legal rights and taking immediate action can significantly impact your recovery and compensation.
• Act immediately after the crash: Call 911, seek medical attention even for minor injuries, document everything with photos, and avoid speaking to the other driver's insurance company without legal counsel.
• Florida's no-fault system has exceptions for drunk driving: Unlike typical accidents, you can bypass PIP insurance and sue the drunk driver directly due to the Crime Victims Exemption.
• Multiple parties may be liable beyond the drunk driver: Bars serving habituated alcoholics or minors, social hosts providing alcohol to underage guests, and employers can face liability under specific circumstances.
• You have only two years to file a lawsuit: Florida's strict statute of limitations requires action within two years of the accident for personal injury claims and wrongful death cases.
• Punitive damages are available in drunk driving cases: Beyond medical expenses and lost wages, Florida law specifically allows punitive damages for DUI accidents with a lower burden of proof than other negligence cases.
Working with an experienced drunk driving accident attorney is crucial for navigating Florida's complex laws, gathering evidence like toxicology reports, and ensuring you receive maximum compensation while you focus on recovery.
FAQs
Q1. What should I do immediately after being hit by a drunk driver in Fort Myers? Call 911 to report the crash, seek medical attention even for minor injuries, document the scene with photos, and avoid speaking to the other driver's insurance company without legal counsel. These steps are crucial for protecting your rights and strengthening any future claims.
Q2. Can I sue a drunk driver directly in Florida? Yes, you can sue a drunk driver directly in Florida, especially if your injuries meet the "serious injury threshold" or exceed the $10,000 PIP limit. Florida's Crime Victims Exemption allows victims to bypass the no-fault system in drunk driving cases.
Q3. How long do I have to file a lawsuit after a drunk driving accident in Florida? In Florida, you have two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the two-year deadline starts from the date of death. It's crucial to act within these timeframes to preserve your right to seek compensation.
Q4. What types of damages can I recover in a drunk driving accident case? You can pursue economic damages (medical expenses, lost wages), non-economic damages (pain and suffering, emotional trauma), and potentially punitive damages. Florida law specifically allows punitive damages in DUI cases with a lower burden of proof than other negligence cases.
Q5. Can bars or restaurants be held liable for drunk driving accidents in Florida? In Florida, bars or restaurants can be held liable under specific circumstances. They may face liability if they knowingly serve alcohol to someone who is "habitually addicted" to alcohol or willfully provide alcohol to underage individuals. However, simply serving visibly intoxicated adults does not create liability under Florida law.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship with Pittman Law Firm, P.L.