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Tampa DUI Accident Victim Attorney

Someone chose to drive impaired, and you’re the one paying for it. Florida law treats that choice as a special kind of wrong — and it opens a door most crash cases never reach.

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family standing together in support on a Tampa street at night after a DUI crash

DUI Crashes Hurt the Innocent — Not Just the Impaired.

In Florida, driving under the influence is both a crime and a civil wrong. When an impaired driver causes a crash, they are legally at fault — period. It’s called negligence per se: the very act of driving impaired is evidence of negligence in your case.

And then comes the insult after the injury: even when fault is obvious, insurers still downplay your injuries, push fast lowball offers, and try to pin “comparative fault” where it doesn’t belong — dragging things out until you’re too tired to fight.

At CDB Injury Law, we don’t let a clear wrong get quietly discounted. You focus on healing; we hold the right people accountable.

Florida law, plainly

Why a drunk-driving case is different

Most crash claims are about proving fault. In a DUI case, the impaired choice is the fault — and Florida law responds to it more forcefully than to an ordinary accident.

The impaired driver is negligent as a matter of law

Because driving impaired is illegal, it counts as negligence per se. That doesn’t guarantee a result, but it shifts the ground under the whole case in your favor.

The punitive-damages cap comes off

Florida normally caps punitive damages (generally three times compensatory damages, or $500,000). But when the driver was impaired by alcohol or drugs — or had a BAC of 0.08 or higher — those caps do not apply. A drunk-driving case is one of the few where punitive damages, meant to punish the conduct, can run uncapped.

Others may share responsibility

Under Florida’s dram-shop law, a bar or vendor can be liable for serving alcohol to someone underage or knowingly to a person habitually addicted. Finding every responsible party is part of the work.

Your civil case stands on its own

The state prosecutes the DUI; your claim for compensation is separate. A criminal conviction can help, but you don’t have to wait for — or depend on — one to recover. The usual two-year deadline (2023 tort-reform law) still applies.

While it still matters

What to do as a DUI-crash victim

1

Get medical care — and keep every record.

See a doctor even if the adrenaline is masking it. Your records from day one anchor the claim.

2

Make sure the impairment is documented.

The police report, any breath or blood test, and the arrest record are powerful evidence. We move to secure them before they’re buried in the criminal file.

3

Don’t accept a quick settlement.

Insurers move fast on DUI cases precisely because they know the exposure. An early lowball offer is a signal of how much is really at stake — not the value of your claim.

4

Talk to a lawyer who will pursue the full picture.

Compensatory damages are only part of it. The punitive angle — and any dram-shop liability — is where a DUI case is different, and it takes counsel who will chase it.

Why it matters here
No cap

Florida’s punitive-damages caps come off when a driver was impaired or at a BAC of 0.08 or higher. In a state that otherwise limits punitive awards, a DUI crash is one of the rare cases where the law lets a jury punish the conduct in full.

Source: Fla. Stat. § 768.736 (punitive-damages caps do not apply to intoxicated defendants).
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DUI-victim cases, quick answers

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Frequently asked

DUI accident-victim questions

I was hit by a drunk driver. What should I do first?
Get medical attention and call the police so the impairment is documented in an official report. Photograph the scene if you safely can, get witness info, and don’t give any insurer a recorded statement. Then call a lawyer — the DUI angle changes how the case should be handled.
What makes a DUI case different from a regular crash?
Two things: the impaired driver is negligent as a matter of law (negligence per se), and Florida’s cap on punitive damages doesn’t apply to intoxicated defendants. Together, those shift both the fault picture and what a jury can award.
How much is my case worth?
It depends on your injuries, treatment, lost income, and the conduct involved — there’s no honest one-size number. The punitive angle can matter a great deal, and we bring in experts to prove the full value.
Is there a deadline to file?
In Florida you generally have two years from the date of the crash (since the 2023 tort-reform law). The criminal case runs on its own schedule; your civil deadline does not wait for it.
What does it cost to hire CDB Injury Law?
The first conversation is free, and there’s no fee unless we win. When you call, you get Chris — not a call center passing you around.

Someone broke the law. You’re left picking up the pieces.

You deserve a lawyer who treats that as the serious wrong it is. A career spent holding negligent drivers accountable across Tampa Bay — tell us what happened, there’s no cost to talk.

For the Injured

You’re hurt. We’re here. Let’s rebuild.

Free, confidential case review — call, text, chat, or leave your number. From the moment you reach out, the burden starts shifting.

Let’s talk about your injury

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A sentence or two is plenty — Chris will get the details when you talk.