Hit and Injured By a Drunk Driver in Palm Beach Gardens, FL?
Get a car accident attorney to help you demand justice and accountability
When someone chooses to get behind the wheel of a car after consuming alcohol or other substances, they not only jeopardize their own safety but also pose a serious risk to the lives of others on the road. Driving under the influence of alcohol is a reckless and irresponsible decision that can result in devastating consequences.
At The Law Offices of Casey D. Shomo, P.A., based in Palm Beach Gardens and serving crash victims throughout southern Florida, Mr. Shomo understands the profound impact of drunk driving accidents on victims and their families. Mr. Shomo and his dedicated legal team are committed to holding accountable those who choose to drive impaired, seeking justice for the innocent lives lost and the survivors left behind.
Every year in Florida, thousands of innocent lives are lost due to drunk driving accidents, leaving behind grieving families and shattered communities. The emotional and financial toll of these tragedies is immeasurable, as loved ones are forced to cope with the profound loss of those taken too soon. If you were injured or a loved one died in a crash involving a drunk driver in Palm Beach Gardens, we can protect your rights. Contact us today to learn more.
“I was involved in a car accident in 2019. I reached out to Casey Shomo regarding the accident. Joanne was instantly on it. Throughout the two-year process Casey Shomo and his excellent team were on top of it from start to finish. They gave me updates and what needed to be done the second they knew. It was a long-fought battle but in the end, it was well worth it. I would recommend Casey Shomo and his team to anyone. You’ll be thanking me later! I cannot say enough to thank you all for all your hard work!” - Brett B., ⭐⭐⭐⭐⭐
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Palm Beach Gardens Drunk Driver Accident FAQs
- What are some of the most common drunk driving accident injuries in Palm Beach Gardens, FL?
- What are Florida’s DUI laws?
- What damages can I recover after being hit by a drunk driver?
- Where do drunk driving accidents most often occur in Palm Beach Gardens?
- Can I sue a bar or restaurant for over-serving the driver who hit me?
- How does Florida’s comparative fault law affect drunk driving accident claims?
- What happens if the drunk driver fled the scene or was uninsured?
- How does criminal prosecution impact a civil injury case against a drunk driver?
- Are there special damages available in DUI injury claims, like punitive damages?
- How can a Palm Beach Gardens car accident lawyer help after a drunk driving crash?
What are some of the most common drunk driving accident injuries in Palm Beach Gardens, FL?
Impaired drivers experience diminished cognitive function, reduced reaction time, impaired judgment, and decreased motor skills, making them more likely to cause car accidents. Their ability to perceive and respond to hazards on the road is compromised, increasing the likelihood of collisions, injuries, and fatalities.
From head and brain injuries to spinal cord damage, the impact of these accidents can be significant. Common injuries that victims of drunk driving accidents may experience include:
- Whiplash
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones and fracture
- Internal injuries
- Cuts, bruises, and abrasions
- Soft tissue injuries
What are Florida's DUI laws?
In Florida, the legal blood alcohol content limit (BAC) is 0.08%. For a driver under the age of 21 the legal BAC is 0.02%. if someone causes a serious injury while drunk driving, it's a third-degree felony. Even if their blood alcohol level isn't over the legal limit of .08%, they could still be considered impaired by alcohol.
However, even if the drunk driver who hit you isn’t charged with or convicted of a crime, you have the right to pursue compensation for your injuries through the civil justice system. Your civil claim for damages is distinct from any criminal charges the State of Florida might pursue in connection with the same accident.
What damages can I recover after being hit by a drunk driver?
When you're hit by a drunk driver, the consequences can be severe, both physically and emotionally. Fortunately, legal avenues are available to help you recover damages and compensate you for your losses. Some common damages that you may be entitled to cover after being hit and injured by a driver under the influence of alcohol include:
- Medical expenses (both current and future)
- Lost income due to inability to work
- Pain and suffering
- Loss of consortium
Where do drunk driving accidents most often occur in Palm Beach Gardens?
Drunk driving crashes are not limited to one part of Palm Beach Gardens. They happen in both urban nightlife areas and along major commuter routes. However, some roads and intersections throughout the area consistently see more DUI-related accidents than others. Common DUI crash locations include:
- Okeechobee Boulevard and Military Trail: A busy intersection near nightlife, shopping, and residential areas.
- I-95 exits in and around West Palm Beach and Lake Worth Beach: Especially during late-night and early-morning hours.
- Southern Boulevard and U.S. 441 near Wellington: A popular corridor for restaurants and events that draws heavy weekend traffic.
- Downtown Delray Beach (Atlantic Avenue): Known for its bars and restaurants, leading to pedestrian and vehicle DUI risks.
- PGA Boulevard near the Gardens Mall and I-95 ramps: Where heavy evening traffic meets social hotspots.
If you were hit in one of these areas or under similar circumstances, it may strengthen your claim. A lawyer can help assess the incident location, secure surveillance footage, and investigate the driver’s alcohol consumption before the crash.
Can I sue a bar or restaurant for over-serving the driver who hit me?
Florida’s dram shop law is limited, but there are specific scenarios where you can hold a bar, restaurant, or social host legally responsible. If the establishment knowingly served alcohol to a person under 21 or someone who was “habitually addicted” to alcohol, they may be liable for damages caused by that person. These cases often require detailed investigation, including witness interviews and surveillance footage from local bars in areas like Clematis Street in West Palm Beach or Atlantic Avenue in Delray Beach. A lawyer can help determine if the driver meets this threshold and whether the establishment’s actions support a civil liability claim.
How does Florida’s comparative fault law affect drunk driving accident claims?
Florida follows a modified comparative fault rule, which means your compensation can be reduced if you are found partially responsible for the crash. However, if you are more than 50 percent at fault, you may not recover any damages. In DUI injury cases, victims are rarely assigned fault, but insurers may still try to shift blame, especially if the accident happened in a complex traffic area like Glades Road or U.S. 1. A lawyer’s role is to protect your claim from these tactics and ensure liability remains where it belongs: with the intoxicated driver.
What happens if the drunk driver fled the scene or was uninsured?
If the at-fault driver leaves the scene or lacks insurance, your own uninsured/underinsured motorist (UM/UIM) coverage may be your best path to compensation. These hit-and-run or uninsured DUI cases are common on I-95 and Florida’s Turnpike, especially late at night. Unfortunately, even your own insurer may try to undervalue the claim or delay payment. An attorney can push for a fair settlement under your policy and investigate other options, such as crime victim compensation funds or potential dram shop liability.
How does criminal prosecution impact a civil injury case against a drunk driver?
The drunk driver’s criminal case for DUI does not automatically result in compensation for the victim, but it can provide powerful evidence. A guilty plea or conviction can help prove negligence in the civil case, especially when supported by breathalyzer results, police bodycam footage, and testimony. Prosecutions are common in Palm Beach Gardens after serious wrecks on roads like Southern Boulevard or Congress Avenue. A lawyer can coordinate with prosecutors to access this evidence and use it strategically in your injury claim, even if the driver avoids jail time.
Are there special damages available in DUI injury claims, like punitive damages?
Yes, Florida law allows for the pursuit of punitive damages in certain DUI-related injury cases. These damages go beyond compensation for medical bills or lost wages and are intended to punish the driver for their reckless conduct. Special damages that may apply include:
- Punitive damages: These are available when the at-fault driver acted with gross negligence, such as knowingly driving drunk or fleeing the scene.
- Higher pain and suffering damages: Judges or juries may award more when the harm is linked to particularly reckless behavior.
- Loss of enjoyment of life or companionship: If injuries permanently change a victim’s lifestyle or family relationships.
- Future medical and in-home care needs: Especially in serious injury cases involving spinal injuries, brain trauma, or long-term disability.
Calculating and securing these damages requires experience with Florida’s DUI civil claim laws. A lawyer can build a compelling case for why punitive or enhanced damages are appropriate and fight back against insurance companies that often try to limit them.
How can a Palm Beach Gardens car accident lawyer help after a drunk driving crash?
A local lawyer plays a critical role in navigating the unique legal and insurance complexities of drunk driving crashes. These cases often involve both civil and criminal elements, and a skilled attorney can help ensure that all available evidence is used to support your claim. Key ways a lawyer can help include:
- Preserving DUI evidence: Accessing police reports, breathalyzer results, and dashcam footage that prove intoxication.
- Investigating third-party liability: Exploring whether a bar, restaurant, or party host can be held responsible under Florida’s dram shop laws.
- Managing communication with insurance companies: Preventing adjusters from downplaying injuries or pushing fast, unfair settlements.
- Filing for punitive damages: Building the legal argument that the at-fault driver’s conduct warrants more than just standard compensation.
- Coordinating with prosecutors: Ensuring the civil case benefits from evidence used in the criminal case, including witness testimony and forensic reports.
Even when fault seems obvious, insurance companies often try to minimize payout in DUI cases. A lawyer can ensure you are fully compensated, taking the legal pressure off your shoulders so you can focus on recovery.
Take action after getting hit by a drunk driver in Palm Beach Gardens
You may think drunk driving accident cases are straightforward, but sometimes it takes a lot of investigation and evidence to prove intoxication. Don’t let the other driver’s denial of being drunk prevent you from receiving the financial compensation you deserve. With the help of a skilled drunk driving accident attorney, you can ensure that your rights are protected on the path of justice.
With experience dealing with all types of complicated cases, Mr. Shomo and his team know what strategies to use to make sure your case has the best chance possible to come to a successful result. Secure full compensation to cover all your accident-related damages. Contact The Law Offices of Casey D. Shomo, P.A. today for a free consultation to discuss your case.