When a drunk driver shatters a life, every second matters. At Gerson & Schwartz, P.A., we bring more than five decades of focused advocacy to crash victims throughout Miami and South Florida. Our mission is simple: find the truth, use it in court, and protect our clients’ futures. If you are searching for a Miami drunk driving lawyer, we want you to know that we aim to be among the very best, drawing on courtroom experience, rigorous investigation, and the credibility that comes from results and reputation. Our attorneys have earned recognition from Super Lawyers and Best Lawyers, maintain top ratings on Justia, and our work is reflected in strong Google reviews from clients we have helped.
Our Miami car accident lawyers understand how quickly evidence can disappear and how quickly insurers move to limit their exposure. As a Miami car accident lawyer specializing in DUI and impaired driving cases, we step in immediately to preserve evidence, coordinate with law enforcement, and position your claim for maximum compensation.
Firm’s Experience Matters in Drunk Driving CasesDrunk driving cases are not “ordinary” car wrecks; they demand careful legal strategy, seamless coordination with criminal proceedings, and a relentless focus on third-party responsibility. Over the last 50 years, our firm has pursued claims against bars, hotels, restaurants, social hosts, event operators, vehicle owners, employers, and even manufacturers when the facts supported broader liability. We have taken on cases that others called hopeless and obtained justice through thorough investigation and trial-ready preparation.
Miami DUI Crash StatisticsImpaired driving remains a persistent public safety problem in Florida. According to state records, 33,625 people were convicted of DUI in a single year, and the Florida Department of Highway Safety and Motor Vehicles attributes more than 2,000 deaths and 17,000 injuries to impaired driving in a single year. Those numbers underscore what we see every day, when a driver chooses alcohol or drugs over safety, every other person on the road is placed at immediate risk.
What is The Law In Miami on Drunk Driving Crashes?Florida treats drunk driving that causes serious bodily injury as a third-degree felony, punishable by up to five years in prison, and a driver at .08 BAC or higher is over the legal limit. Criminal accountability is only one part of the picture; the civil system is designed to compensate victims for medical bills, lost income, and human losses, and it operates separately from the criminal case. In certain situations, punitive damages may be available for egregious conduct under Florida Statutes 768.762, and criminal courts may also order restitution under Florida Statute 775.089; however, insurers are not parties to these criminal orders.
Who Else Can Be Held Responsible For a Drunk Driving Accident?Beyond the intoxicated driver, Florida law can expose others to liability in the right circumstances. Florida’s dram shop statute, §768.125, allows a claim against an alcohol vendor that served an underage driver or a person known to be habitually addicted to alcohol. Vehicle owners can be vicariously liable under Florida’s dangerous instrumentality doctrine, and employers may share responsibility if the driver was within the course and scope of employment at the time of the collision. Our role is to identify every viable defendant, develop the evidence to prove fault, and hold them accountable.
Miami Drunk Driving Injury ClaimsSuccess in an impaired driving case begins with evidence. We work to obtain body-cam and dash-cam video, traffic and surveillance footage, field sobriety and chemical test results, witness statements, 911 recordings, and crash-scene measurements. We also analyze dram shop exposure, ownership and employment links, and insurance layers, including umbrella and excess coverage, while conducting background and asset checks where appropriate. That early, disciplined work frequently makes the difference between a contested liability case and a full-value resolution.
How Gerson & Schwartz Investigates Drunk Driving Car AccidentsEvery case is unique, but our internal checklist typically includes background checks on the at-fault driver, analysis of ownership and employer relationships, a detailed insurance review across all applicable policies, an assets and records search, evaluation of dram shop and liquor liability issues, research into overlapping state and federal law, and close monitoring of the state attorney’s prosecution. We combine these steps with medical, biomechanical, and economic experts when needed to quantify losses and prove causation.
Recognition That Backs Up Our Results In Miami DUI CasesClients and peers know us for serious preparation and client-first service. Our courtroom record and community leadership have earned us honors from Super Lawyers and Best Lawyers, and our attorneys hold top ratings on Justia. We are proud of the positive feedback reflected in Google reviews from clients we have represented, and we value the trust those reviews represent. We have also received the Award of Honor from Mothers Against Drunk Driving (MADD) every year since 2007, underscoring our long-standing commitment to victims of impaired driving.
Community Safety And Our Commitment Beyond The CaseChemically compromised drivers remain one of the significant unsolved public-safety problems. We support education and deterrence and continue our contributions to MADD, working to raise awareness, increase accountability, and support families whose lives have been changed forever by impaired driving. Our advocacy in court and our work outside the courtroom share the same goal: promoting safety for all.
Who We Represent In Miami And Across South FloridaWe represent injured drivers, passengers, cyclists, and pedestrians, as well as grieving families pursuing wrongful death claims. Our primary office is located in Miami, and we serve communities across Miami-Dade, including Miami Beach, South Beach, Coral Gables, and the broader South Florida region. We also have satellite locations in Broward and Palm Beach for added convenience. Regardless of where the crash occurred in the Miami area, we provide the same level of investigation, advocacy, and client care.
How We Build Full-Value DUI Claims In MiamiAt Gerson and Schwartz, we coordinate with law enforcement and the state attorney’s office to collect and preserve evidence, including chemical tests, field sobriety records, officer observations, and crash reconstruction. We address medical care from the first visit forward, making sure treatment plans, diagnostics, and specialist referrals are in place. We compile wage and benefits documentation to support lost income, retain experts to quantify diminished earning capacity, and prepare day-in-the-life evidence that captures the human impact of serious injuries such as traumatic brain injury, paralysis, or complex orthopedic harm. We also identify and pursue every layer of coverage, including at-fault liability, vicarious liability, and uninsured or underinsured motorist benefits, when available.
Frequently Asked Questions About Drunk Driving Accidents in MiamiQ: “What kinds of compensation can I recover after a Miami DUI crash?”
Florida law authorizes recovery for past and future medical expenses, lost wages, diminished earning capacity, pain and suffering, mental anguish, loss of consortium, and, where appropriate, punitive damages. We document each category with medical evidence, economic analysis, and testimony, presenting the full scope of harm to the insurer, mediator, or jury.
Q: “Who qualifies as a 'victim' in a Miami alcohol-related crash?”
Drivers, passengers, pedestrians, bicyclists, and other innocent motorists can pursue claims when impaired driving causes injury or loss of life. Families may bring wrongful death actions in fatal cases, seeking damages permitted by Florida law.
Q: “Will the criminal case against the drunk driver pay my losses?”
A criminal court can order restitution upon conviction; however, this order is limited to the defendant and does not bind insurers. A civil claim serves as the vehicle for accessing insurance and other sources of recovery, and it enables a detailed analysis of damages that the criminal system does not provide.
Q: “Can a bar, club, hotel, or event operator be held responsible in Miami?”
Yes, if the facts meet Florida’s dram shop statute or other theories such as negligent security, negligent entrustment, or vicarious liability. Our team has brought actions against vendors and third parties when evidence showed they contributed to the danger that caused the crash.
Q: “How soon should we talk to a lawyer after a drunk driving collision?”
Immediately. Preserving video before it is overwritten, notifying potential third-party defendants, and protecting your rights in parallel criminal and civil tracks are time-sensitive steps. Early involvement helps avoid statute-of-limitations problems and strengthens your claim from the outset.
Q: “Is a civil case still worth filing if the driver was acquitted or pleaded to a lesser charge?”
Yes. Civil liability has a different burden of proof and is independent of the criminal case. We build your case on admissible evidence and expert testimony and can pursue damages regardless of the criminal outcome.
Q: “What if my loved one was a passenger in the drunk driver’s car?”
Passengers injured by impaired drivers have claims like any other victim, and we evaluate third-party responsibility, including owners and employers, to maximize recovery options.
Q: “Can we recover if the drunk driver fled the scene or had minimal insurance?”
We look for other liable parties, explore owner and employer liability, and analyze your own UM or UIM coverage. We also evaluate assets and umbrella policies that may apply.
Q: “Will my drunk driving case have to go to trial?”
Many cases resolve through settlement or mediation; however, we prepare every case for the possibility of trial, ensuring insurers understand the risk of underpaying your claim. Our trial readiness is a key factor in our consistent achievement of meaningful results for our clients.
Experienced Drunk Driving Lawyers in Miami Ready to HelpFrom the first call, we meet you with compassion, clarity, and action. We take on the stress of the legal and insurance process so you can focus on healing. Our team structure ensures that you have direct access to your lawyer, receive prompt updates, and benefit from a strategy tailored to your specific goals. We are proud of the recognition we have earned, including honors from Super Lawyers and Best Lawyers, top ratings on Justia, and the trust shown in our Google reviews. However, what drives us is the results we achieve for you and your family.
If you or someone you love was hurt in a Miami drunk driving crash, we are here to help today. Contact Gerson & Schwartz, P.A. for a complimentary consultation. We serve accident victims in Miami and the surrounding communities, and we are ready to put our experience to work for you.