Tampa Drunk Driving Accident Lawyer

Drunk driving accidents in Tampa can leave victims with devastating injuries, emotional trauma, and financial burdens. If you or a loved one has been harmed by a drunk driver, a skilled Tampa drunk driving accident lawyer can help you seek justice and fair compensation.

At Darrigo & Diaz Attorneys at Law, our experienced legal team is dedicated to fighting for victims of DUI-related crashes. This guide explains when to hire an attorney, how they can help, and what to look for in a lawyer.

When Should I Get a Tampa Drunk Driving Accident Attorney?

If you’ve been injured in a crash caused by a drunk driver, hiring a Tampa drunk driving accident attorney is critical in several situations:

• Serious Injuries or Fatalities: If the accident resulted in significant injuries, long-term disability, or the loss of a loved one, an attorney can help pursue compensation for medical bills, lost wages, and pain and suffering.
• Disputed Liability: Insurance companies may try to shift blame or minimize payouts. An attorney ensures the drunk driver is held accountable.
• Complex Insurance Claims: Dealing with insurance adjusters can be overwhelming. A lawyer negotiates on your behalf to secure a fair settlement.
• Criminal and Civil Cases: Drunk driving accidents often involve criminal charges against the driver. An attorney can navigate both the criminal and civil aspects to protect your rights.

Contacting an attorney as soon as possible after the accident ensures evidence is preserved and your claim is filed within the state’s legal deadlines.

DUI Laws Explained by a Tampa DUI Accident Lawyer

The state enforces stringent laws to combat drunk driving, but despite these measures, DUI-related accidents remain a serious issue in across the state. Understanding DUI laws is crucial for victims seeking justice and compensation after a crash caused by an impaired driver.

Below, we break down the key aspects of these laws and explain how a lawyer can leverage them to build a strong case.

Florida’s Blood Alcohol Content (BAC) Limits

The legal limit for blood alcohol content (BAC) varies depending on the driver’s age and license type:

• Drivers Over 21: It is illegal to operate a vehicle with a BAC of 0.08% or higher. This is the standard limit for most adult drivers.
• Commercial Drivers: For those with a commercial driver’s license (CDL), the BAC limit is stricter at 0.04%, reflecting the heightened responsibility of operating large or passenger vehicles.
• Drivers Under 21: The state has a zero-tolerance policy for underage drinking and driving. A BAC of 0.02% or higher can result in a DUI charge for drivers under 21.

A BAC above these limits, as determined by breath, blood, or urine tests, is considered evidence of impairment. However, even if a driver’s BAC is below the legal limit, they can still be charged with DUI if their ability to drive is visibly impaired due to alcohol or drugs.

Penalties for DUI in Florida

The state imposes harsh penalties for DUI convictions to deter impaired driving. These penalties escalate based on the severity of the offense and whether the DUI caused an accident or injuries.

Common penalties include:

• Fines: A first-time DUI conviction can result in fines ranging from $500 to $1,000. If the DUI involves injuries or property damage, fines can increase significantly.
• License Suspension: A DUI conviction typically leads to a driver’s license suspension for 6 months to 1 year for a first offense. Longer suspensions apply for repeat offenders or DUIs causing serious harm.
• Jail Time: A first-time DUI may result in up to 6 months in jail, while a DUI causing serious bodily injury can lead to up to 7 years in prison, classified as a third-degree felony.
• Community Service and Probation: Offenders may be required to complete 50 hours of community service and serve probation, during which they must comply with strict conditions.
• Ignition Interlock Device: For certain DUI convictions, drivers must install an ignition interlock device on their vehicle, which requires a breath test to start the car. This is often mandatory for repeat offenders or high-BAC cases (0.15% or above).
• Mandatory DUI School: Convicted drivers must complete a state-approved DUI education program to address substance abuse and prevent future offenses.

When a DUI results in a crash with injuries or fatalities, the legal consequences are far more severe. For example, a DUI causing death can be charged as DUI manslaughter, a second-degree felony carrying up to 15 years in prison and fines up to $10,000.

Personal Injury Protection

Florida is one of a few states that operates under a No-Fault insurance system, which means that after a car accident, regardless of who caused it, each driver’s own insurance policy typically covers their medical expenses and certain other losses. This system is designed to streamline claims and reduce litigation by limiting the need to determine fault initially.

Key aspects of the No-Fault system include:

• Personal Injury Protection (PIP): Florida law requires drivers to carry Personal Injury Protection insurance, which covers 80% of medical expenses and 60% of lost wages up to a limit of $10,000, regardless of who is at fault. PIP also covers other expenses, such as replacement services (e.g., childcare or household help) needed during recovery.
• Immediate Coverage: PIP provides relatively quick access to funds for medical bills and lost income, helping victims begin recovery without waiting for a fault determination.
• Limitations: PIP coverage is capped at $10,000, which may be insufficient for serious injuries caused by a DUI accident. Additionally, PIP does not cover non-economic damages like pain and suffering or emotional distress.

Civil Liability in DUI Accidents

In a DUI accident, you would initially file a claim with your own PIP insurance to cover medical costs and lost wages. However, because drunk driving accidents often result in severe injuries and significant financial losses, the No-Fault system alone is rarely enough to fully compensate victims.

This is where stepping outside the No-Fault system becomes critical.

Drunk drivers face significant civil liability when their actions cause harm. In a civil lawsuit, victims of DUI accidents can seek compensation for damages such as:

• Medical Expenses: Costs for hospital stays, surgeries, rehabilitation, and ongoing care.
• Lost Wages: Income lost due to inability to work during recovery, including future earning potential if disabilities persist.
• Property Damage: Repairs or replacement of vehicles and other damaged property.
• Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
• Punitive Damages: In cases of egregious negligence, such as drunk driving, courts may award punitive damages to punish the driver and deter similar behavior.

A Tampa DUI accident lawyer plays a critical role in proving the driver’s liability by demonstrating that their intoxication directly caused the accident and resulting damages. Evidence such as police reports, BAC test results, and eyewitness testimony is used to establish negligence.

Florida’s Dram Shop and Social Host Laws

In some cases, third parties may also share liability for a DUI accident. The Dram Shop Law (Statute 768.125) allows victims to hold bars, restaurants, or other establishments liable if they knowingly served alcohol to a visibly intoxicated person or a minor who later caused an accident.

For example, if a bar continued serving alcohol to a patron who was clearly drunk and that patron caused a crash, the bar could be partially responsible for the damages. Similarly, social host liability may apply if a private individual knowingly provides alcohol to a minor who then causes a DUI accident.

These laws provide additional avenues for compensation, and an experienced attorney can evaluate whether they apply to your case.

How Does a Tampa DUI Accident Attorney Help My Case?

Hiring an attorney provides numerous benefits, including:

• Case Investigation: Your attorney gathers evidence, such as police reports, witness statements, and BAC test results, to establish the drunk driver’s fault.
• Negotiation With Insurers: Insurance companies often offer low settlements. An attorney fights for maximum compensation, covering medical costs, lost income, and more.
• Court Representation: If a fair settlement isn’t reached, your lawyer will represent you in court, presenting a compelling case to a judge or jury.
• Guidance Through Legal Processes: From filing claims to meeting deadlines, your attorney handles the legal complexities, allowing you to focus on recovery.
• Pursuing Punitive Damages: In cases of gross negligence, such as drunk driving, your lawyer may seek punitive damages to punish the driver and deter future misconduct.

With an experienced attorney, you’re more likely to achieve a favorable outcome and receive the compensation you deserve.

What Makes a Good Florida Drunk Driving Accident Lawyer?

Choosing the right lawyer can make or break your case. Here are key qualities to look for in a lawyer:

• Experience in DUI Cases: A lawyer with a proven track record in handling DUI accident claims understands the nuances of these cases.
• Local Knowledge: Familiarity with Tampa’s courts, judges, and legal processes gives your attorney an edge.
• Strong Communication: A good lawyer explains complex legal terms clearly and keeps you informed at every step.
• Client-Centered Approach: Look for a lawyer who prioritizes your needs, listens to your concerns, and fights passionately for your rights.
• Contingency Fee Structure: Many reputable attorneys work on a contingency basis, meaning you pay nothing upfront and only owe fees if they win your case.

Reading client reviews and scheduling consultations can help you find a lawyer who meets these criteria.

The Statute of Limitations for a Drunk Driving Accident Claim

The statute of limitations for filing a personal injury claim, including drunk driving accident claims, is two years from the date of the accident (as of 2023, per Florida Statute 95.11). For wrongful death claims, the limit is also two years from the date of death.

Missing this deadline typically bars you from seeking compensation.

Exceptions may apply, such as in cases involving minors or delayed discovery of injuries, but these are rare. Consulting a Tampa drunk driving accident lawyer promptly ensures your claim is filed on time and your rights are protected.

How to Find a Drunk Driving Accident Lawyer Near Me

Finding a qualified accident lawyer is easier with these steps:

• Search Online: Use terms like “Tampa DUI accident” or “DUI accident attorney near me” to find local firms with strong reputations.
• Check Reviews and Ratings: Platforms like Avvo, Google, or Yelp provide insights into a lawyer’s track record and client satisfaction.
• Ask for Referrals: Friends, family, or colleagues may recommend trusted attorneys they’ve worked with.
• Verify Credentials: Ensure the lawyer is licensed and has experience handling DUI accident cases.
• Schedule Consultations: Many lawyers offer free initial consultations. Use this opportunity to discuss your case and assess their expertise.

Choosing a local firm, like Darrigo & Diaz, ensures personalized attention and deep knowledge of the legal landscape.

Need a Tampa Drunk Driving Accident Law Firm? Choose Darrigo & Diaz

At Darrigo & Diaz, we understand the physical, emotional, and financial toll of a drunk driving accident. Our dedicated Tampa car accident lawyers have decades of experience fighting for victims’ rights.

We provide compassionate, personalized service while aggressively pursuing the compensation you deserve. With a contingency fee structure, you pay nothing unless we win your case.

Contact Darrigo & Diaz today at (813) 774-3341 for a free consultation. Let us help you hold negligent drivers accountable and start your journey to recovery.

Tampa DUI FAQ

Can you sue a drunk driver in Florida?

Yes, you can sue a drunk driver for damages caused by their negligence. A successful lawsuit may recover compensation for medical expenses, lost wages, pain and suffering, and more.

What happens if you get in an accident while drunk in Tampa?

If you cause an accident while drunk in Tampa, you face both criminal and civil consequences. Criminally, you may be charged with DUI, leading to fines, jail time, and license suspension.

Civilly, you can be sued by victims for damages. If you’re the victim, a lawyer can help you seek compensation from the drunk driver.

Should I hire an attorney after a car accident in Tampa, FL?

Hiring an attorney is highly recommended after a car accident in Tampa, especially if it involves a drunk driver. An attorney protects your rights, handles insurance negotiations, and maximizes your compensation.

They’re essential for complex cases involving serious injuries or disputed liability.