Pompano Beach DUI Accident Lawyer

A crash caused by an impaired driver differs from an ordinary collision in one important way: the conduct was a choice. Florida law recognizes that, and it opens a category of damages that is unavailable in almost every other injury case. Jacobson Injury Firm represents people hurt by impaired drivers across Broward County.

This page is for people injured by a drunk or impaired driver. We do not handle DUI criminal defense. Attorney Adam Jacobson handles every case personally. Contact us today for a free consultation, and see our broader Pompano Beach personal injury practice for related claims.

Punitive Damages Are Realistically Available Here

In most Florida injury cases punitive damages are theoretical. Florida Statute 768.72 requires a court to find a reasonable evidentiary basis before the claim may even be pleaded, and ordinary carelessness does not meet that bar. Impaired driving is different. Florida courts have long treated voluntary intoxication behind the wheel as conduct that can support punitive damages, because the driver made a decision rather than a mistake.

Two practical points follow. Florida Statute 768.73 generally caps punitive awards at three times compensatory damages or $500,000, whichever is greater, with narrow exceptions for conduct motivated by financial gain or specific intent to harm. And punitive damages are generally not covered by liability insurance in Florida, which means collecting them depends on the driver’s personal assets rather than a policy. That reality shapes strategy: the punitive claim creates significant settlement pressure even where the eventual recovery comes from compensatory coverage.

Florida’s Dram Shop Law Is Much Narrower Than People Expect

Many people assume the bar or restaurant that served the driver is automatically liable. In Florida it usually is not. Florida Statute 768.125 states that a person who sells or furnishes alcohol to someone of lawful drinking age does not become liable for injuries resulting from that person’s intoxication. That is the rule, and it covers the ordinary case of an adult overserved at a bar.

The statute allows only two exceptions, and both are demanding.

• Serving someone under 21. Where alcohol was willfully and unlawfully furnished to a person not of lawful drinking age, the establishment can be liable. Evidence usually comes from the venue’s own records, identification practices, and witness accounts.
• Knowingly serving a person habitually addicted to alcohol. This requires proof the establishment knew of the addiction, not merely that the person appeared drunk that night. A regular customer with a documented history at that specific venue is the realistic version of this claim.

Being visibly intoxicated is not enough on its own, which surprises most people and is worth knowing before anyone spends months pursuing the wrong defendant. Where a claim against a venue does exist, it is investigated alongside the claim against the driver rather than instead of it. Establishments are licensed through the state, and City of Pompano Beach records can help establish operating history.

The Criminal Case and Your Civil Claim Run Separately

Two proceedings begin after an impaired driving crash and they do different things. The State Attorney for the Seventeenth Judicial Circuit prosecutes the driver under Florida Statute 316.193, which sets the legal limit at 0.08. That case can produce jail, license revocation, and probation. It does not compensate you.

Your civil claim is separate, and you have to bring it. A few points about how the two interact matter in practice.

• A conviction or plea helps your case. The criminal outcome is generally usable in the civil claim, and a guilty plea in particular removes most of the argument about what happened.
• You do not have to wait for the criminal case to end. The civil deadline runs independently, and evidence degrades while a criminal matter proceeds through continuances.
• An acquittal does not end your claim. Criminal conviction requires proof beyond a reasonable doubt. Your civil claim requires only that your version be more likely than not, which is a far lower standard.
• Restitution is not the same as compensation. A criminal court can order restitution for economic losses, and it is worth pursuing, but it does not cover pain and suffering and it is usually a fraction of the claim’s value. Accepting restitution does not bar the civil case.

As a victim you also have rights in the criminal proceeding, including the right to be notified and to be heard at plea and sentencing. Organizations such as victim services groups assist with that process, and we coordinate with the prosecution so nothing in one case undermines the other.

Why Choose Jacobson Injury Firm for Your Pompano Beach DUI Claim?

Command of the Rules That Decide These Cases

These claims turn on preserving the impairment evidence, structuring the punitive claim correctly, and finding coverage where the at-fault driver frequently has little. Florida’s modified comparative fault standard under Florida Statute 768.81 still applies, though a driver well over the limit rarely succeeds in shifting meaningful blame. Claims arising in Pompano Beach proceed through the Seventeenth Judicial Circuit in Broward County.

Demonstrated Results for Injured Clients

The firm has recovered millions of dollars for injured clients, including a $300,000 car accident recovery. Our client reviews describe how the firm communicates through cases that run alongside a criminal prosecution.

No Attorney Fees Unless You Recover

DUI injury claims at the firm run on contingency. Nothing is owed at the outset, we advance case costs, and no recovery means no fee.

Key Components of a Pompano Beach DUI Accident Claim

Preserving the Impairment Evidence

Breath and blood results, field sobriety observations, bodycam footage, and dispatch recordings all sit with law enforcement and are generated in the first hours. Bar and restaurant receipts, card transactions, and venue camera footage have a much shorter life and are not preserved unless someone asks. Where a venue claim is possible, that footage is usually the only proof of who served whom. A preservation request sent early is what keeps the option open, alongside the usual physical evidence at the scene.

Finding Coverage the Driver Often Does Not Have

Impaired drivers are disproportionately uninsured or carrying minimum limits, and Florida does not require private drivers to carry bodily injury liability coverage at all under Florida Statute 324.022. Uninsured and underinsured motorist coverage under Florida Statute 627.727 is frequently the real source of recovery, and stacked coverage across household vehicles often provides several times the limit a client expected. Florida’s dangerous instrumentality doctrine may also reach the owner of the vehicle if the driver borrowed it. We handle the insurance companies throughout.

The 14-Day Deadline Still Applies

Being the victim of a crime does not suspend Florida’s no-fault rules. Under Florida Statute 627.736, you must obtain initial medical care within 14 days of the crash or your personal injury protection benefits are forfeited entirely. People occupied with a criminal case and a police investigation miss this window regularly.

The Injury Threshold Still Applies Too

A common assumption is that a DUI crash bypasses Florida’s no-fault limits. It does not. Florida Statute 627.737 still requires the injury to meet one of four categories before pain and suffering can be recovered from the driver: significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Documenting permanency remains essential no matter how egregious the driver’s conduct was.

Calculating Damages

Damages cover medical costs, future care, lost wages, diminished earning capacity, pain, disability, and disfigurement, with punitive damages available on top where the evidence supports them. Florida Statute 768.0427 also rewrote how medical damages are proven and required disclosure of letters of protection.

Acting Within Two Years

Florida cut the negligence deadline from four years to two in March 2023 under Florida Statute 95.11. The criminal case has no bearing on that clock. Our statute of limitations resource explains how it runs, and where a government vehicle is involved Florida Statute 768.28 adds pre-suit notice to the agency and the Department of Financial Services.

“Excellent service and results. Attorney Jacobson was professional, responsive, and truly cared about my case. They explained everything clearly and delivered great results.”

Isaac M.

Where Impaired Driving Crashes Happen in Pompano Beach

The pattern follows the nightlife and the corridors leading away from it. Atlantic Boulevard and Federal Highway carry the bulk of late-night traffic, the entertainment and casino district generates departures concentrated between midnight and 3am, and the beachfront blocks along A1A add seasonal volume between December and April. Drivers leaving those areas reach I-95 and the Florida Turnpike within minutes, which turns an impaired driver into a highway-speed hazard. Federal data on impaired driving shows how heavily these crashes cluster at night and on weekends. The FLHSMV crash dashboard tracks the results across Broward County and the Florida Department of Transportation publishes the underlying safety data.

DUI Accident Claims We Handle

Head-On and Wrong-Way Collisions

Impaired drivers entering a highway ramp in the wrong direction cause some of the most severe crashes on the road. Closing speeds leave no reaction time and injuries are frequently catastrophic or fatal.

Rear-End and Red-Light Crashes

Delayed reaction and misjudged stopping distance produce high-speed impacts with no braking at all, which is often visible in the physical evidence. These overlap with ordinary car accident claims but carry the added punitive dimension.

Pedestrian and Cyclist Strikes

Impaired drivers strike pedestrians and cyclists at a disproportionate rate, particularly at night near the beach and entertainment areas where both are present.

Motorcycle Collisions

A rider hit by an impaired driver has no protection and, because Florida excludes motorcycles from no-fault entirely, a different coverage path from the outset. See our motorcycle accident page.

Commercial Driver Impairment

A commercial driver operating impaired brings federal testing regulations, employer liability, and substantially higher policy limits into the case. See our truck accident page.

Rideshare Driver Impairment

An impaired Uber or Lyft driver triggers the platform’s tiered coverage in addition to the personal claim. See our rideshare accident page.

Drug-Impaired Driving

Impairment by prescription medication, cannabis, or controlled substances is treated the same way under Florida law. Proof differs, since there is no breath test equivalent, and blood testing and drug recognition evaluations become central.

Where a crash causes life-altering harm our catastrophic injury practice applies, and where it proves fatal our wrongful death practice does. See all practice areas.

What to Do After Being Hit by an Impaired Driver

• Get medical care within 14 days without exception, regardless of what the criminal case is doing.
• Tell responding officers what you observed about the driver: speech, balance, odor, statements made at the scene. Your observations become part of the record. Reports are available through the FLHSMV crash portal, and incidents in the city are typically handled by the Broward Sheriff’s Office.
• Note where the driver said they had been drinking, and tell your lawyer immediately. Venue footage and receipts are the shortest-lived evidence in the case.
• Photograph the scene and your injuries, and collect witness details. Evidence at the scene cannot be recreated.
• Ask the prosecutor’s office to keep you informed. You have a right to notice and to be heard, and participating does not interfere with the civil claim.
• Decline a recorded statement to any insurer until you have spoken with a lawyer, and follow your treatment plan without gaps, since gaps become causation arguments later in the case timeline.

Frequently Asked Questions

Can I sue the drunk driver even though they are being prosecuted?

Yes, and you should not wait. The criminal case punishes the driver but does not compensate you. The two proceed independently, your filing deadline runs regardless of what the criminal court is doing, and evidence degrades while a prosecution moves through continuances.

Can I recover punitive damages?

Often yes, and this is one of the few contexts where they are realistically available. Florida requires a court to find a reasonable evidentiary basis before punitive damages may be pleaded, and voluntary intoxication behind the wheel can meet that standard. Awards are generally capped at three times compensatory damages or $500,000, whichever is greater, and they are usually not covered by insurance.

Can I sue the bar that served the driver?

Usually not, and this surprises people. Florida law says a business that serves alcohol to someone of lawful drinking age is not liable for what that person does afterward. Only two exceptions exist: serving someone under 21, or knowingly serving a person habitually addicted to alcohol. Visible intoxication alone is not enough.

What if the driver was acquitted or the charges were dropped?

Your civil claim survives. Criminal conviction requires proof beyond a reasonable doubt, while your claim requires only that your version be more likely than not. Cases are dropped for reasons unrelated to whether the driver caused your injuries, including procedural issues with how evidence was obtained.

Does the 14-day rule still apply if I was hit by a drunk driver?

Yes. Being the victim of a crime does not change Florida’s no-fault requirements. You must seek initial medical treatment within 14 days or your PIP benefits are forfeited entirely. People caught up in a criminal investigation miss this window regularly.

Do I still have to meet the injury threshold?

Yes, and this is commonly misunderstood. A DUI crash does not bypass Florida’s no-fault limits. Pain and suffering damages require the injury to meet one of four statutory categories, so documenting permanency matters regardless of how serious the driver’s conduct was.

What if the drunk driver had no insurance?

This is common, and Florida does not require private drivers to carry bodily injury liability coverage at all. Your own uninsured and underinsured motorist coverage becomes the primary source of recovery. If the driver borrowed the vehicle, the owner may also be liable, which brings a second policy into play.

Is criminal restitution the same as a settlement?

No. Restitution ordered in the criminal case covers economic losses such as medical bills and lost wages, but not pain and suffering, and it is usually a fraction of the claim’s value. Accepting restitution does not prevent you from pursuing the civil claim.

How long do I have to file?

Two years from the date of the crash for most negligence claims, shortened from four years in March 2023. The criminal case does not pause that clock.

How much is my DUI accident case worth?

Value depends on the severity and permanence of your injuries, medical costs, lost income, whether you cross the injury threshold, the coverage available, and whether punitive damages are supportable and collectible. Impaired driving cases often settle higher than comparable crashes because the conduct is difficult to defend.

Speak With a Pompano Beach DUI Accident Lawyer

Venue receipts and camera footage disappear within days, and they are what a claim against an establishment depends on. Reaching out early preserves options that close quickly, and it costs nothing. Consultations are free and you pay nothing unless we recover for you. Call (561) 567-7163 or send us a message. The firm also serves Delray Beach, Boynton Beach, and West Palm Beach, with the full list on our areas we serve page and further reading in our personal injury resources and blog.