Understanding How Drunk Driving Car Accidents Are Different from Other Accidents
Drunk driving remains a serious issue not only in Orlando, Florida, but throughout the State of Florida. Despite concerted efforts to reduce its occurrence, drunk driving accidents claim more than 12,000 lives annually across the country and leave hundreds of thousands more seriously injured.
Given this sobering reality, understanding how drunk driving accidents are different from other types of vehicle accidents can be valuable, especially for those who unfortunately become victims. Our team is committed to empowering victims of reckless driving to challenge insurance companies and negligent drivers.
You can call our law firm anytime at 321-LAWSUIT for a free legal consultation with a lawyer at our office. At our firm, you pay no upfront costs. We only get paid when we recover money for you.
Blood Alcohol Levels and the Effect on Driving
Alcohol affects every driver differently, but even small amounts can significantly reduce a person's ability to operate a vehicle safely. According to the National Highway Traffic Safety Administration (NHTSA), alcohol impairs the brain’s essential functions, like thinking, reasoning, and muscle coordination, all of which are critical for safe driving. As alcohol enters the bloodstream through the stomach and small intestine, it immediately begins to affect the central nervous system, slowing reaction time and clouding judgment.
At a Blood Alcohol Concentration (BAC) of just .02 g/dL, drivers experience a measurable decline in visual focus and divided attention. By .08 g/dL, the legal limit in Florida and most other states, coordination, reaction time, and perception are so impaired that the risk of a crash increases exponentially.
The danger of impaired driving isn’t limited to those over the legal limit. In 2023, NHTSA data shows that 2,117 people in the U.S. were killed in alcohol-related crashes where the driver’s BAC was between .01 and .07 g/dL, showing that even a “buzzed” driver can cause a fatal accident.
At higher BAC levels, such as .10 or .15 g/dL, the effects become extreme—drivers experience severe loss of balance, slurred speech, delayed reactions, and a major reduction in their ability to control the vehicle. Every increase in BAC further compromises the driver’s ability to process information and respond to hazards, turning a moving vehicle into a deadly weapon.
Ultimately, drunk driving is 100% preventable. In 2023 alone, 12,429 lives were lost in alcohol-impaired crashes—one death every 42 minutes. These numbers underscore a simple truth: there is no safe level of alcohol consumption before driving. Choosing not to drive after drinking isn’t just responsible; it saves lives.
How Drunk Driving Accidents Are Different Than Typical Auto Accidents
There are key differences between drunk driving accidents and crashes not involving alcohol, which underline how drunk driving accidents are different in their complexity and impact on victims.
Legal Implications and Consequences
The first aspect that illustrates how drunk driving accidents are different is the legal implications involved. Drunk driving is a criminal offense, meaning a driver under the influence of alcohol can face DUI charges and other related traffic offenses. However, these criminal proceedings are separate from civil claims for damages.
As a victim, to recover compensation for damages from a DUI accident, you must file an insurance claim and potentially a civil lawsuit. This process often requires experienced legal guidance.
The Potential for Punitive Damages
One factor that explains how drunk driving accidents are different is the potential awarding of punitive damages. In a drunk driving accident claim, victims may be eligible for punitive damages in addition to compensation for financial losses and non-economic damages such as pain and suffering. These punitive damages are intended to "punish" the offender for gross negligence or willful disregard for others' safety. When an accident occurs due to intoxication, the court may classify such behavior as grossly negligent, warranting punitive damages.
Multiple Defendants and Dram Shop Laws
Another aspect that highlights how drunk driving accidents are different involves the number of potential defendants. In certain scenarios, a bar or restaurant that served alcohol to the drunk driver could also be held accountable. These claims, known as DRAM shop claims, necessitate comprehensive investigations into the circumstances leading up to the crash.
Who Pays for Damages in personal Injury Cases Against Drunk Drivers?
The question of who pays for damages in a drunk driving accident is another facet that illustrates how drunk driving accidents are different from other types of crashes. In many instances, you need to prove the driver's actions caused the accident to receive compensation. While the fact that the driver was drunk is significant, there are often additional negligent acts that will help attribute the crash to their actions.
For example, the impaired driver could have been following too closely, leading to a rear-end collision, or they may have drifted into your lane, causing a head-on collision. The key is proving how their actions led to the crash, which often involves an in-depth accident investigation and expert testimony.
Steps to Pursuing a Personal Injury Claim Against A Drunk Driver
In the aftermath of a drunk driving accident, it's critical to take the appropriate steps to safeguard your rights and position yourself to pursue a successful claim against the party responsible for your injuries. Here's a guide to help you navigate this challenging process.
Step 1: Gathering Evidence
The foundation of any successful legal claim lies in strong evidence. This includes photographs from the accident scene, witness statements, medical reports, and police reports. In drunk driving cases, blood alcohol concentration (BAC) results and any charges or convictions against the driver can also serve as potent evidence.
Step 2: Reporting the Incident
Notify your insurance company about the accident as soon as possible, even if you weren't at fault. Be careful not to admit any liability during your conversations with insurance adjusters.
Step 3: Seek Medical Attention
Even if your injuries seem minor initially, it's crucial to get a complete medical evaluation. Some injuries, like traumatic brain injuries or internal bleeding, might not be immediately apparent. Prompt medical attention ensures these are not overlooked, and also helps document the extent of your injuries, which is vital for your claim.
Step 4: Consult a Personal Injury Lawyer
Engaging the services of a skilled personal injury attorney can be incredibly beneficial. We can help you understand the nuances of how drunk driving accidents are different and guide you through the complex legal terrain, including insurance negotiations, gathering evidence, and exploring all potential sources of compensation. We are not scared to file a lawsuit and fight for punitive damages to hold drunk drivers and the companies that employ them accountable.
Step 5: Filing Your Claim
Your attorney can help you file a claim against the drunk driver's insurance company. Remember, the goal of insurance companies is to minimize payouts. We can protect your legal rights and hold these companies accountable.
Step 6: Pursuing a Lawsuit if Necessary
If negotiations don't yield a satisfactory settlement, you may need to file a lawsuit against the drunk driver. This step might also include other parties if your case involves DRAM shop liability.
In conclusion, pursuing a claim against a drunk driver involves several steps, each vital to your case's success. It can be an arduous process, especially when dealing with injuries and recovery. That's why having dedicated legal representation, like the team at Spetsas Buist, is invaluable in fighting for the justice and compensation you deserve.
Contact a Lawyer at Our Office to Get You Justice After An Accident Involving a Drunk Driver
After getting injured by a drunk driver, you need a legal team that is willing to fight to get you the justice you deserve and make our communities safer. Our law firm is a litigation law firm. We are not a settlement mill, high-volume firm.
You can call our office for a free legal consultation at 321-LAWSUIT to speak with a lawyer at our office. We don't get paid until we get money for you, so you don't have to worry about any upfront costs.
Frequently Asked Questions About Drunk Driving Accidents in Florida
Does Car Insurance Cover Drunk Driving Accidents?
Yes, in most cases the at-fault driver’s auto liability insurance will apply even when alcohol is involved, but the insurance company may deny coverage if the driver’s intoxication violated policy terms (such as driving under the influence) or was criminally negligent. Even if the at-fault driver’s policy applies, you may also need to rely on your own uninsured/underinsured motorist coverage if the drunk driver is uninsured or underinsured.
How Many People Die in Drunk Driving Accidents in Florida?
According to the Florida Department of Highway Safety and Motor Vehicles, there were 312 fatalities in Florida as a result of motor vehicle crashes involving a driver under the influence of alcohol in 2024 alone. Of those 312 deaths, 19 occurred in Orange County, which includes Orlando. Below is some data for prior years so that you can better understand the trends in total numbers of fatalities as a result of drunk driving accidents in Florida:
- 2024 / 312 Fatalities
- 2023 / 363 Fatalities
- 2022 / 423 Fatalities
- 2021 / 407 Fatalities
- 2020 / 384 Fatalities
- 2019 / 378 Fatalities
- 2018 / 372 Fatalities
- 2017 / 358 Fatalities
How Does Drunk Driving Cause Accidents?
Drunk driving causes accidents by impairing the driver’s judgment, slowing reaction time, reducing coordination, and increasing risk-taking behavior. Alcohol also affects ability to stay in lane, monitor road hazards, and brake in time — factors that make collisions more likely. Because impairment begins well before the legal blood alcohol limit, even small amounts of alcohol can significantly elevate crash risk.
How Many Drunk Driving Accidents Occur Every Day in Florida?
In 2024, there were 4,869 motor vehicle crashes where at least one driver was under the influence of alcohol. Assuming 5,000 such crashes a year, that works out to between 13 and 14 drunk driving crashes every day in Florida.
What are the effects of blood alcohol concentration on driving?
Blood Alcohol Concentration (BAC) directly affects a driver’s judgment, coordination, reaction time, and ability to process information. Even a small amount of alcohol can impair driving performance. At a .02 BAC, drivers experience mild relaxation and mood changes but already show reduced visual tracking and divided attention. At .05 BAC, coordination, steering, and response to emergencies decline noticeably. By .08 BAC—the legal limit in Florida and most states—drivers experience poor muscle control, slower reaction times, and impaired judgment, making it harder to detect danger or maintain proper speed. At .10 BAC, reaction time and braking ability are significantly reduced, while .15 BAC results in severe loss of muscle control, major balance issues, and extreme difficulty processing visual and auditory information needed to drive safely.