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What Damages Can I Recover in a Drunk Driving Accident?

Pursuing a Civil Claim After a Drunk Driving Accident

There is a misconception that the only legal ramification that a drunk driver can face is jail time. However, drunk driving accident victims have the right to pursue civil damages for their injuries. Here’s what you need to know.

Types of Damages

The civil claim process is very different from criminal prosecution when it comes to drunk driving accidents. A criminal proceeding protects the public from further harm and is a deterrent for the individual to repeat the offense and punish them for causing damage and injury. Sadly, some drunk drivers will repeat the behaviors. We discuss repeat offender statistics later in this article.

A civil suit in a drunk driving accident falls under personal injury law, and the victims can sue for damages related to their injuries from the event. In the case of a drunk driving crash that caused a fatality, certain family members can pursue a wrongful death claim against the drunk driver. Some of the most common damages in a drunk driving accident claim are:

  • Medical costs (hospital stays, therapies, treatments, medications, etc.)
  • Lost wages (current and future)
  • Property damage (damage to the vehicle or property inside the vehicle)
  • Pain and suffering (physical discomfort, emotional trauma, and mental anguish)

Florida Drunk Driving Statistics

According to, the following Florida drunk driving crash data was reported in 2018:


  • There were 814 alcohol-impaired driving fatalities.
  • 26% of all fatal crashes were due to drunk driving accidents.
  • 21.6% of all crash fatalities of those under 21 were the result of drunk driving crashes.

Repeat Offenders:

  • 15.9% of drivers in fatal crashes were repeat offenders with a blood alcohol concentration (BAC) between 0.08 and 0.14.
  • 84.1% of drivers in fatal crashes were repeat offenders with a BAC of 0.15 or more.

The legal BAC limit is 0.08 in Florida.

Drunk Driving Arrests:

  • 32,127 people were arrested for driving under the influence.
  • 69 individuals under 18 were arrested for driving while intoxicated.

Injured by a Drunk Driver? Let Us Help You Hold Them Accountable.

When a drunk driver causes you or a loved one to sustain severe injuries, it can be both physically and emotionally painful. While drunk drivers may face criminal charges, you have the right to hold them accountable and pursue a civil claim to recover losses due to your injuries.

For over 50 years, our experienced personal injury attorneys have been serving the wrongfully injured. We won’t let the insurance companies get away with offering less than the compensation you deserve. We are here to protect your right to recover the maximum amount of damages under the law.

Contact Rosenberg & Rosenberg, P.A. today at (888) 499-6206 to schedule a free consultation.

Source: National Drunk Driving Statistics Map


What Makes Us Different?

  • Serving the Local Community of Florida for 50+ Years
  • We've Recovered Millions of Dollars in Compensation for Our Clients
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