Fort Lauderdale Criminal Defense & Personal Injury Attorneys
Pursuing Compensation for Damages After a Drunk Driving Accident

Pursuing Compensation for Damages After a Drunk Driving Accident

If an individual gets behind the wheel with a blood alcohol content (BAC) level of 0.08% or higher, it is considered driving under the influence (DUI). In Florida, a DUI arrest or charge can lead to hefty fines and jail time. However, criminal charges are not the only thing that should deter individuals from getting behind the wheel after drinking.

 

Unfortunately, drunk driving is also one of the top causes of car accidents across the United States. Statistics from the Centers for Disease Control and Prevention (CDC) show that 29 people in the U.S. die in motor vehicle crashes that involve an alcohol-impaired driver every day - that comes out to one person every 50 minutes.

 

From a personal injury standpoint, drunk driving accidents are complex issues and many factors can impact liability and damage amounts. In fact, the person behind the wheel may not be the only one responsible for injuries that are sustained in an alcohol-related crash.

Dram Shop Laws

Like many other states, Florida has enacted a form of dram shop laws that may hold third-parties liable in instances where an individual was served alcohol and that person’s intoxication caused an injury or injuries to occur.

 

Specifically, Florida law holds restaurants, bars, and other establishments liable if alcohol was served to “a person who is not of lawful drinking age or… knowingly serves a person habitually addicted to the use of any or all alcoholic beverages.” The establishment who served the alcohol can also only be held liable if they served alcohol to someone who wasn’t already intoxicated. In other words, they cannot be held liable for serving someone that is already intoxicated.

 

If the above applies, those pursuing dram shop claims can seek compensation for damages including:

 
  • Medical bills for any injuries, including hospitalization, therapy, medication and rehabilitation

  • Lost wages

  • Property damage

  • Pain and suffering

Punitive Damages

In Florida, punitive damages are an extra type of award amount that is given in types of accidents where it is determined that the defendant acted with gross negligence or intentional misconduct. These types of damages are generally meant to punish the defendant, such as in instances of certain drunk driving accident cases.

 

Note that these damages are typically capped at $500,000 or three times the amount of economic damages that an individual is awarded, whichever one is greater.

 

If you or a loved one is injured in a drunk driving accident in Fort Lauderdale, you can count on the personal injury attorneys at Rudenberg & Glasser to stand in your corner. We will look at the evidence of your case to determine liable parties and aggressively fight for your maximum compensation.

 

We are available 24/7 to hear your story. Contact our firm at (954) 543-1788 to schedule your free consultation.

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Our Victories

  • Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

    Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.

  • Domestic Violence
    Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
  • Domestic Violence With 911 Call and Pictures
    Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
  • False Arrest

    Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

    Read more about this story on the Sun Sentinel.

  • Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

    Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.

  • Felony DUI: Client was in an Accident and Left the Scene
    Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
  • Final Injunction Hearing
    Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
  • First-Degree Misdemeanor: Resisting Police Officer Without Violence
    Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
  • First-Degree Misdemeanors: DUI & Possession of Cannabis
    Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
  • $250,000 Pre-Trial Personal Injury

    Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

What Our Clients Are Saying

We go above and beyond to be there for clients to provide them with the best outcome possible.
  • “Professional, Reliable and Supportive”

    DG

  • “Proved to be the best legal team there is! They not only helped me avoid jail time, but got my probation terminated the same day!”

    Dallas B.

  • “Outstanding”

    Jonathan mujica

  • “I would recommend them to anyone that’s looking for someone that really cares!”

    R.N.

  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”

    G.P.

  • “They will give you honest, truthful, realistic counsel and they will fight hard for you; as they did for me.”

    Donovan

  • “I’ve used Mike and Eric for my cases since 2012.”

    J.R

  • “Very professional very honest and reliable, cannot thank them enough.”

    D Gonzalez

  • “Here to help you at all costs!”

    L.L.

  • “THE BEST ATTORNEY”

    A. Ariel

  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”

    G.P.

  • “Provided a High Level of Support & Skill”

    DUI Client

  • “He Went Out of His Way to Go the Extra Mile”

    David

  • “If anyone, family or friends, should get into trouble we know who to call!”

    Parent of Charles C.

  • “Worked with me through every step of the case and got my name cleared!”

    N.S.