Being hit by a drunk driver is one of the most devastating — and preventable — tragedies on Florida roads. Every year, thousands of Floridians are injured or killed by impaired drivers who made the choice to get behind the wheel.

If a drunk driver injured you or killed a family member, you deserve maximum compensation. At Juan Cordero Lawyers, we pursue every dollar available — including punitive damages that can multiply your recovery.

Under Florida law (§316.193), a driver is legally impaired when their blood alcohol content (BAC) is:

• 0.08% or higher for drivers 21 and older
• 0.02% or higher for drivers under 21
• 0.04% or higher for commercial vehicle drivers

A DUI conviction or arrest is powerful evidence in your civil case. But you do not need to wait for the criminal case to resolve — your civil claim proceeds independently and on a different (lower) standard of proof.

Florida is one of the few states where drunk driving accident victims can recover punitive damages in addition to compensatory damages.

Under Florida Statute §768.736, when a driver had a BAC of 0.08% or higher and caused injury, punitive damages are available. These damages are designed to punish the drunk driver and deter others — and they are not capped in DUI cases under Florida law.

Punitive damages can be three times your compensatory damages or $500,000, whichever is greater. In cases involving extreme recklessness, there is no cap at all.

This means a drunk driving case worth $300,000 in compensatory damages could yield $900,000 or more in total recovery.

Florida's Dram Shop Act (§768.125) allows injured victims to sue the establishment that served alcohol to the drunk driver in limited circumstances:

• The establishment served alcohol to a minor (under 21)
• The establishment served alcohol to a person they knew was habitually addicted to alcohol

If a bar, restaurant, nightclub, or liquor store over-served the driver who hit you, we investigate dram shop liability as an additional source of recovery. This is especially important when the drunk driver has limited insurance or assets.

• Police report and DUI arrest records
• Breathalyzer and blood test results
• Field sobriety test documentation
• Surveillance footage from the accident scene and nearby establishments
• Bar or restaurant receipts showing alcohol purchases
• Witness statements
• Toxicology reports
• Criminal court records

Drunk drivers often fail to brake, swerve, or react at all before impact. This results in high-speed, high-energy collisions with catastrophic injuries:

• Traumatic brain injury (TBI)
• Spinal cord injury and paralysis
• Broken bones and crush injuries
• Internal bleeding and organ damage
• Severe burns (in fire-related crashes)
• Wrongful death

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress and PTSD
• Property damage
• Loss of consortium
• Funeral and burial expenses (wrongful death)
• Punitive damages (unique to DUI cases)

You have 2 years from the date of the accident to file a personal injury lawsuit in Florida. In wrongful death cases, the 2-year clock runs from the date of death. Do not wait — contact us immediately.

No. Your civil personal injury case is completely separate from the criminal prosecution. We can file your civil lawsuit immediately, regardless of where the criminal case stands. In fact, acting quickly preserves evidence and strengthens your claim.

This is common. We pursue every available source of recovery — the drunk driver's personal assets, dram shop liability against the bar or restaurant, and your own uninsured/underinsured motorist (UM/UIM) coverage. Florida law requires insurers to offer UM coverage; if you have it, it can cover the gap.

Yes. The civil standard of proof is "preponderance of the evidence" (more likely than not), which is much lower than the criminal standard of "beyond a reasonable doubt." A driver can be acquitted criminally but still be liable civilly — and punitive damages can still apply if we prove BAC of 0.08% or higher at the time of the crash.

Passengers injured in DUI crashes have full rights to sue the drunk driver. The fact that you voluntarily got in the car does not bar your claim unless you were also intoxicated and assumed the risk — which is a high bar for the defense to meet.

Hit by a drunk driver in Florida? Call Juan Cordero Lawyers at 305-525-8957 — available 24/7. We pursue every dollar, including punitive damages. No fee unless we win.