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Getting hit by an impaired driver is different from an ordinary crash. Someone made a choice that put you at risk, and the aftermath usually involves a criminal case, an insurance claim, and questions about who else might be responsible. Florida gives victims a path to recover, and it runs on its own track from the criminal courtroom. The Bradenton personal injury attorneys at Legler, Murphy & Battaglia, LLP handle these claims for injured people across Manatee County.
Can You Sue a Drunk Driver Who Injured You in Bradenton?
Yes. If a drunk driver hurt you in Bradenton, you can bring a civil claim for your injuries and losses, and that claim is separate from any criminal DUI case the state files. A Bradenton drunk driving accident claim does not depend on the driver being convicted, because civil and criminal cases use different rules and different standards of proof. In some situations, a business that overserved the driver may share responsibility too. The facts of the crash decide how far the claim can go.
Key Takeaways for Drunk Driving Victims
- Your civil claim is separate from the criminal DUI case and does not require a conviction.
- A bar or vendor may share liability, but only in narrow situations Florida law defines.
- Drunk driving crashes can support punitive damages, which most ordinary crashes do not.
- Florida usually gives you two years from the crash to file an injury lawsuit.
- A free consultation lets you understand your rights while the criminal case moves separately.
How Often Do Drunk Driving Crashes Happen?
Impaired driving remains one of the deadliest choices on the road. About 37 people in the U.S. die in drunk-driving crashes every day, roughly one person every 39 minutes, according to the National Highway Traffic Safety Administration. Florida’s mix of tourism, nightlife, and year-round traffic keeps the risk high across Manatee County, from US 41 through downtown Bradenton and out toward the beaches. For families in Manatee County, one impaired driver can turn an ordinary evening on the road into months of recovery and worry.
How Is a Civil Claim Different From the Criminal DUI Case?
The two cases have different goals. The criminal DUI case is the state punishing the driver with fines, license loss, or jail. The civil claim is you seeking money to cover what the crash cost you. Because they are separate, you do not need a criminal conviction to win a civil claim. The two also use different standards of proof.
| Criminal DUI case | Your civil claim | |
|---|---|---|
| Purpose | Punish the driver | Recover your losses |
| Who brings it | The state | You, the injured person |
| Standard of proof | Beyond a reasonable doubt | More likely than not |
Even if the driver avoids conviction, you may still recover in the civil case because the burden of proof is lower. The two proceed on their own timelines.
Can Anyone Besides the Driver Be Responsible?
Sometimes, though Florida keeps this narrow. Under Florida Statute 768.125, a bar or vendor is usually not liable for serving an adult who then causes a crash. Two exceptions exist: a vendor can be liable for serving alcohol to someone under the legal drinking age, or for knowingly serving someone who is habitually addicted to alcohol. Those situations take investigation to prove — showing that a venue kept serving someone who was clearly impaired may depend on receipts, staff accounts, and video before any of it disappears.
What Are Punitive Damages in a Drunk Driving Case?
Punitive damages are money meant to punish especially reckless conduct and discourage others from repeating it, beyond the damages that cover your losses. Drunk driving is one of the situations where Florida law may allow them. When the evidence shows a driver chose to get behind the wheel drunk, that conduct can support the request. A court has to find a reasonable basis before a claim for punitive damages can move forward.
What Florida Laws and Deadlines Apply?
You generally have two years from the crash to file suit under Florida Statute 95.11. Florida also applies modified comparative negligence under Florida Statute 768.81. A person more than 50 percent at fault recovers nothing, and a smaller share reduces recovery. In drunk driving cases, fault often rests heavily on the impaired driver, but the details still matter.
What Can a Drunk Driving Injury Claim Cover?
A claim can reflect the true cost of the crash. Medical expenses usually come first, from emergency care through surgery, therapy, and any future treatment. Lost wages and reduced earning ability follow when injuries keep you from work. Florida law also allows recovery for pain and the effect on daily life. When the conduct was egregious, punitive damages may be added, which sets these cases apart from a routine collision. Because impaired-driving crashes often cause severe injuries, the medical and long-term costs can climb fast, and an insurer’s first offer rarely reflects them.
When Should You Talk to a Lawyer?
Reach out when the injury is serious, when the driver’s insurer contacts you, or when you are unsure how the criminal case connects to your own claim. Fractures, head injuries, and anything requiring surgery usually justify a call. Early help also matters because evidence about the driver’s drinking, including where they were served, can fade quickly. Most consultations are free, so an early conversation costs nothing.
Steps That Often Help After an Impaired Driving Crash
Many victims find a few actions useful, though this is general information, not advice for your case. Calling police and making sure the crash and any suspected impairment are documented creates an official record. Photos of the scene and vehicles help later. Names and numbers of witnesses can matter, especially about the driver’s behavior. Keeping your medical records and a short log of your recovery, and avoiding early recorded statements to the driver’s insurer, all protect your position.
Frequently Asked Questions
Yes. The arrest handles the criminal side, but it does not pay your medical bills or lost wages. A civil claim is how you recover those costs, and it proceeds separately from whatever the criminal court decides.
You may still have options. Your own uninsured or underinsured motorist coverage, if you carry it, can help when the at-fault driver cannot cover the harm. A lawyer can also look for other responsible parties the facts may support.
That usually takes investigation, including receipts, witness accounts, and sometimes venue records. It matters because serving a minor or a habitually addicted person can create liability for the business. Acting before records disappear improves the chances of finding out.
Many claims resolve without a trial, but not all. Preparing a case as if it may be tried tends to strengthen your position even in settlement talks. Whether to accept an offer or proceed is a decision you make with your lawyer’s guidance.
Hurt by Someone Else’s Choice to Drive Drunk? Start Here.
An impaired-driving crash leaves victims with injuries they never chose and a process that can feel like it favors everyone but them. You do not have to wait on the criminal case to protect your own rights, and you do not have to manage the insurers alone.
Legler, Murphy & Battaglia, LLP has served Southwest Florida since 1989, and our role is to build the civil case, pursue every responsible party, and advocate for a fair recovery. If a drunk driver injured you or someone you love in Bradenton, the Bradenton drunk driving accident attorneys at the firm are ready to listen.
Call our Bradenton office at 941-748-5599 for a free case evaluation. You don’t pay until and unless we win your case.
