When a drunk or drug-impaired driver causes a crash, every decision you make afterward matters. At Gerson & Schwartz, P.A., we bring more than five decades of results-driven advocacy to help accident victims recover what the law allows. As a team recognized by Super Lawyers and Best Lawyers, honored with a Justia 10 rating, and backed by outstanding Google reviews, we aim to be among the top choices for individuals seeking serious representation after a serious crash. Our DUI/DWI accident lawyers serve clients throughout Miami and the surrounding areas. We are prepared to hold negligent drivers and their insurers accountable with the skill, resources, and trial experience your case requires.
Our Miami car accident lawyers handle DUI and DWI wrecks of every kind, from rear-end impacts to head-on collisions. Our team works diligently to preserve evidence, protect your rights, and pursue full and fair compensation, allowing you to focus on your recovery.
Why Choose Gerson & Schwartz for DUI / DWI Accidents in MiamiFor more than 50 years, our firm has represented accident and injury victims and their families. That longevity is matched by a reputation for excellence, with recognitions from Super Lawyers and Best Lawyers, top peer-reviewed ratings, and verified Google reviews that speak to our client-first approach. We offer free consultations, are available 24/7, and prepare every claim as if it will be tried to a verdict. When the at-fault driver was impaired by alcohol or drugs, we leverage the facts, the science, and Florida law to hold all responsible parties fully accountable.
What is The Law on Miami DUI / DWI AccidentsFlorida law prohibits driving under the influence of alcohol or drugs. A driver is considered under the influence if their normal faculties are impaired, or if testing shows a blood-alcohol concentration of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol concentration of 0.08 or more grams per 210 liters of breath. Drug impairment can also establish DUI, including impairment from prescription medications, over-the-counter medicines, and controlled substances listed in Florida statutes. Because DUI violates criminal law, a crash caused by an impaired driver is negligence per se, meaning negligence is established as a matter of law in civil court, and the focus turns to proving damages.
Impairment evidence can include breath or blood tests, officer observations, and field sobriety exercises such as the horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test, as well as evaluations by specially trained drug recognition experts. Even if a criminal case is pursued, restitution from the criminal court is rarely sufficient to make victims whole. We therefore pursue civil claims to recover the full measure of harm you suffered.
Miami and Florida DUI / DWI Statistics You Should KnowThe Florida Department of Highway Safety and Motor Vehicles reported approximately 375,000 traffic crashes statewide in 2015, involving about 630,000 drivers, which averages more than 1,000 crashes daily. Approximately 3,000 of those crashes resulted in death, and 245,000 resulted in injuries. Of those outcomes, more than 1,400 deaths and 14,000 injuries were suspected or confirmed to involve alcohol. Drug-impaired driving has been rising as well, with more than 630 deaths and nearly 3,000 injuries suspected or confirmed to include drugs, and another 270 fatalities and 320 injuries tied to a combination of drugs and alcohol. These numbers underscore what we see in our cases every week, and they reinforce why swift legal action is vital when impairment is suspected.
What Types of Miami DUI / DWI Crashes Do We Handle?DUI and DWI collisions occur in every setting, from neighborhood streets to high-speed highways. Our team represents clients injured in rear-end crashes, side-impact or T-bone wrecks, head-on collisions, distracted driving crashes with alcohol or drugs involved, hit-and-run incidents, motorcycle crashes, truck accidents, DUI crashes with commercial vehicles, bicycle and pedestrian collisions, and rollovers. Regardless of how your collision occurred, we utilize investigators, accident reconstruction professionals, and medical experts to construct a compelling case for liability and damages.
Can I Seek Punitive Damages After a Miami DUI Crash?Yes. Punitive damages are distinct from compensatory damages, which include medical bills and lost wages. Under Florida law, punitive damages are designed to punish and deter especially egregious conduct. For most cases, the amount may be limited relative to compensatory damages, but in drunk driving cases, there is no statutory cap. A Miami jury can award the amount it believes is just when the evidence proves entitlement to punitive damages. We develop the proof necessary to make that claim when the facts allow.
Who Else May Be Liable for a Miami DUI / DWI Accident?The impaired driver is not always the only responsible party. Depending on the facts, liability may extend to the owner of the vehicle under Florida’s dangerous instrumentality doctrine, to an employer if the driver was acting in the course and scope of employment under respondeat superior, and in limited situations to a bar or restaurant under Florida’s dram shop statute. Dram shop liability is narrow, applying when an establishment serves someone underage or knowingly serves a person habitually addicted to alcohol. Early investigation helps us identify every potential defendant and every available insurance policy, a key step in maximizing your recovery.
What Is the Difference Between DUI and Drunk Driving?People often use the terms interchangeably, but “DUI” in Florida is broader than “drunk driving.” DUI encompasses impairment by alcohol, drugs, or a combination of both, as well as per se alcohol impairment shown by breath or blood levels. Drunk driving typically refers to alcohol impairment alone. In practice, your civil case focuses on proving that the other driver’s impairment, whether by alcohol, drugs, or both, caused the crash and your injuries. Our job is to present clear, admissible evidence of that impairment and connect it to the harm you suffered.
What Evidence Helps Win a Miami DUI / DWI Injury Claim?Strong cases are built on the timely and thorough collection of evidence. We gather police reports, chemical test results, field sobriety observations, video from body-worn cameras or dashcams, 911 audio recordings, photographs, and witness statements. We review medical records to document injuries and causation, and we retain experts when needed to interpret toxicology results or reconstruct the collision. If a criminal case is pending, we monitor it closely and obtain certified records of any conviction or plea. Civil liability does not require a criminal conviction, but criminal evidence can strengthen the damages story we present to insurers, judges, and juries.
What Compensation Can Miami DUI / DWI Victims Recover?Every case is different, but recoverable damages often include past and future medical expenses, lost income and diminished earning capacity, pain and suffering, disability, scarring and disfigurement, out-of-pocket costs, and property damage. In fatal crashes, families can bring wrongful death claims for funeral and burial expenses, loss of support and services, and other legally recognized harms. When the facts warrant it, we also seek punitive damages to hold impaired drivers fully accountable for their actions. Our goal is to secure compensation that reflects the full impact of the crash on your life, health, family, and future.
How We Advocate for Miami DUI / DWI VictimsWe begin with a detailed intake and immediate steps to preserve evidence, including letters to prevent the destruction of video or vehicle data. We communicate with insurers on your behalf, so you don't have to, and we guide you through the medical treatment documentation process. We evaluate liability, identify all insurance coverages, and prepare a settlement demand that presents your damages with clarity and authority. If an insurer refuses to pay fairly, we file suit and press forward through discovery and trial. Our track record and readiness to try cases often lead to better negotiations, but we never hesitate to ask a jury to do what is right when necessary.
What Should I Do After a Suspected DUI Crash in Miami?Safety comes first. Seek medical care immediately and follow your doctor’s recommendations. Call law enforcement so the impairment can be investigated and documented. If you can do so safely, take photographs of vehicles, the roadway, and your injuries, and gather witness information. Do not provide recorded statements to the other driver’s insurer, and do not sign anything until you have spoken with us. Reach out to Gerson & Schwartz as soon as possible so we can start protecting your claim and guiding you through the following steps with confidence and clarity.
Frequently Asked Questions About Miami DUI / DWI CasesQ: “How long do I have to bring a claim?”
Florida’s deadlines can change, and some exceptions may shorten or lengthen the time allowed. The safest course is to contact us as soon as possible so we can evaluate timelines specific to your case and take action to preserve your rights.
Q: “Will a criminal DUI conviction guarantee a civil recovery?”
A criminal conviction can strengthen your civil case, but civil liability has a different burden of proof and focuses on damages. We pursue your civil claim regardless of the outcome in criminal court and utilize criminal evidence where it helps to prove liability and damages.
Q: “What if the impaired driver fled the scene or lacks insurance?”
We explore all avenues, including uninsured and underinsured motorist coverage, vicarious liability for vehicle owners and employers, and any potential dram shop claims in qualifying circumstances. Acting quickly helps us identify every available source of recovery.
Q: “Can prescription or over-the-counter drugs lead to a DUI?”
Yes. DUI in Florida encompasses impairment from legal and illegal substances alike. Even medications taken as directed can impair normal faculties and lead to negligence per se if a crash occurs.
Our Commitment to Miami and the Surrounding CommunitiesFrom our Miami office on Coral Way, with satellite locations in Fort Lauderdale and West Palm Beach, we serve accident victims and families across Miami-Dade, Broward, and Palm Beach counties. Gerson & Schwartz, P.A. understands the local roads, courts, and insurers, and we apply that knowledge to every DUI/DWI case we accept. Our client reviews reflect the care, responsiveness, and determination we bring to each matter, and the results we achieve speak to the depth of our preparation and advocacy.
Speak With An Experienced DUI/DWI Accidents Lawyer TodayWhen a driver chooses alcohol or drugs over safety, the consequences can be life-altering. We are here to help you regain control. As a firm recognized by Super Lawyers and Best Lawyers, with a Justia 10 rating and excellent Google reviews, Gerson & Schwartz, P.A., brings the credibility and courtroom experience you want on your side. We proudly serve accident victims in Miami and the surrounding areas, and we are committed to pursuing the justice and compensation you deserve with professionalism, compassion, and tenacity. Contact Gerson & Schwartz for a complimentary consultation, and let us get to work for you today.