MIAMI DRUNK DRIVING ACCIDENT LAWYER

Drunk driving accidents in Miami can cause devastating injuries and lifelong consequences. If you were hurt in a DUI crash, you may be entitled to compensation for your medical expenses, lost income, and emotional suffering. The Miami car accident lawyers at Payer Law Group have decades of experience standing up for injury victims. We know Florida DUI laws, and we know how to hold reckless drivers accountable.

drunk driving accidents

Reviewed by: James D. Payer

Last Updated: July 9, 2025

KEY TAKEAWAYS

Can You Sue a Drunk Driver for a Car Accident in Miami?

Yes. If you were injured by a drunk driver in Miami, you have the right to file a personal injury lawsuit. While the at-fault driver may face criminal charges, that does not automatically pay for your injuries. Civil lawsuits allow victims to recover compensation for damages like medical bills, lost wages, pain and suffering, and more.

In Florida, drivers with a blood alcohol content (BAC) of 0.08% or higher are legally intoxicated. If that driver causes a crash, they can be held liable in a civil case—even if they are also prosecuted in criminal court.

Drunk drivers are a leading cause of fatal and serious injury crashes across the U.S., including in Miami-Dade County. Don’t wait to take legal action. Our legal team can help you hold the driver financially responsible for what they did.

Don't Wait–Hold Drunk Miami Drivers Accountable

Managing Partner James Payer
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How Long Do You Have to File a DUI Accident Claim in Miami?

Victims of drunk driving accidents in Miami have two years from the date of the crash to file a personal injury lawsuit. This time limit is known as the statute of limitations. If you miss this deadline, you will likely lose your right to compensation—no matter how strong your case may be.

There may be exceptions depending on the facts of your case, such as if a government entity is involved or the crash caused a wrongful death. To protect your rights, talk with a lawyer as soon as possible. The sooner you act, the stronger your case will be.

What to Do After a Miami Drunk Driving Accident

If you’ve been hit by a drunk driver in Miami, follow these steps to protect yourself and your future case:

  • Call 911 and request police and medical help.

  • Get a copy of the police report. Officers may investigate the other driver for DUI.

  • Take photos of the scene, your injuries, and the vehicles.

  • Gather contact info from the driver and any witnesses.

  • Seek immediate medical care, even if you don’t feel injured.

  • Do not speak to insurance adjusters before talking to a lawyer.

Our legal team is here to guide you through this process and make sure your rights are protected.

What Compensation Can You Recover After a Miami DUI Crash?

Drunk driving crash victims in Miami may be entitled to significant compensation. This includes:

  • Medical bills (past and future)
  • Lost wages and reduced earning capacity
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Punitive damages in extreme cases

Florida law allows punitive damages when the at-fault driver’s behavior shows intentional misconduct or gross negligence, such as driving while intoxicated. These damages are designed to punish the drunk driver and deter future reckless conduct.

Who Pays for Damages After a DUI Crash in Miami?

In Miami, drunk driving victims typically start with their own Personal Injury Protection (PIP) coverage. PIP covers a portion of medical expenses and lost wages but does not compensate for pain and suffering.

If your injuries are serious or exceed PIP limits, you can file a claim against the drunk driver’s insurance. If they are uninsured or underinsured, you may be able to use your uninsured/underinsured motorist coverage (UM/UIM).

Other potential liable parties could include:

  • Bars or restaurants that served the driver, if they violated Florida’s dram shop laws

  • Social hosts who provided alcohol to underage drinkers

  • Employers if the driver was working at the time of the crash

An experienced DUI accident attorney can investigate all sources of compensation available in your case.

Could a Miami Business or Restaurant Be Held Liable for a Drunk Driving Accident?

Florida’s dram shop law is limited. A bar, restaurant, or social host can only be held liable if:

  • They served alcohol to someone under age 21, or

  • They knowingly served someone who is habitually addicted to alcohol

Unlike other states, Florida does not allow lawsuits simply because a business served alcohol to someone who later drove drunk. However, proving dram shop liability can still help victims recover damages from commercial insurance policies.

Why Choose Payer Law for Your Miami Drunk Driving Accident Case?

At Payer Law, we understand that every DUI crash is preventable—and every victim deserves justice. For nearly 30 years, our firm has aggressively fought for injured people in Miami and throughout South Florida. We are proud members of the Multimillion Dollar Advocates Forum, and we’ve recovered major verdicts and settlements for crash victims and their families.

We speak English and Spanish, handle all communication with insurers, and treat your case like it’s our own. You don’t pay unless we win.

Proven Case Results in DUI Accidents

Clients trust us with their DUI accident cases. Here is just one example of how a Miami DUI crash lawyer from our firm helped a client maximize their case results:

$1.65 million

We secured a settlement for the parents of a teen killed by a drunk driver, with claims against a construction company blocking the sidewalk. READ MORE.

$2.25 million

in compensation for a client who suffered a traumatic brain injury in a car accident

$2 million

settlement for a client who suffered chemical exposure at work, leaving them with breathing problems

We obtained a $1.65 million settlement for the parents of a teenager killed by an allegedly drunk driver in Tampa. The case also included claims against a construction company that had blocked the sidewalk near the accident site without providing for safe passage of pedestrians.

Client Testimonials and Reviews

As you search for the right Miami personal injury lawyer for DUI accidents, check out the feedback we have received from past clients. After all, honest client reviews are the best representation of the compassionate support and hard work we provide to every client:

Great Settlement after a car accident

Payer Law is the best injury law firm there is. They helped me get a great settlement after a car accident. Mr. Payer and his staff truly care about their clients. They treated me like family and you don’t find that often. I highly recommend them! A+++

Alejandro M.
Past Miami Car Accident Client

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They were thorough, efficient, and treated me like family.

I am so thankful for all the help I received from Mr. Payer and his staff, following my car accident. They were thorough, efficient, and best of all, they treated me like family. Thank you, Payer Law, for winning my case!

Lourdes M.
Past Miami Car Accident Client

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A wonderful experience and an excellent settlement on my car accident case.

I had the most amazing experience with Payer Law. Thank you attorney payer and his amazing staff for a wonderful experience and excellent settlement on my car accident case. And thank you Genesis for being helpful through this process.

Billy M.
Past Miami Car Accident Client

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Talk to a Miami Drunk Driving Injury Lawyer Today

You don’t have to face this alone. The team at Payer Law is here to help you understand your rights, build a strong case, and pursue full and fair compensation for your losses.

Call (305) 854-4442 or contact us online today to schedule your free consultation with a Miami DUI accident attorney.

James Payer
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Florida Justice Association
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Multi-Million Dollar Advocates Forum
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