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Do drivers under the influence face greater responsibility?

On Behalf of | Apr 11, 2025 | Car Accident

Drunk drivers in Florida face significantly heightened legal exposure when involved in car crashes. Unlike accidents involving sober drivers, a DUI-related crash is viewed through the lens of gross negligence or recklessness. As a result, both civil and criminal consequences increase, and victims may have broader avenues for recovering damages.

DUI as gross negligence

When a crash involves a drunk driver, Florida courts often treat the conduct as more than just ordinary negligence. Driving while impaired is often seen as a blatant failure to consider the safety of those on the road. This aggravated negligence can lead to larger compensatory awards, and courts may even allow punitive damages.

Punitive damages explained

Courts may award punitive damages to respond to egregious misconduct and to dissuade similar conduct in the future. In DUI cases, courts frequently consider the impaired driver’s choices as egregious enough to justify these damages. This not only increases financial consequences for the offender, but also signals the seriousness with which Florida views impaired driving.

As a result of these additional punitive damages and heightened liability, crashes involving intoxicated drivers tend to result in higher settlement values. Insurers categorize DUI accidents as high-risk events, which affects claim negotiations and often leads to more favorable outcomes for victims. Additionally, DUI convictions substantially raise premiums.

Dram shop liability

A drunk driving accident may also allow for third-party liability. Under Florida law, certain businesses may share responsibility in DUI-related incidents if they served alcohol under specific circumstances. If an establishment knowingly serves alcohol to a person who is habitually addicted or underage, it may share legal responsibility for resulting harm. This can expand recovery options for victims.

Bars and restaurants that irresponsibly serve alcohol could face legal consequences alongside the intoxicated driver. Florida law recognizes that enabling impaired driving through negligent alcohol service can be part of the broader harm.

In Florida, drunk driving increases a driver’s liability after a car accident. Aggravated negligence, the potential for punitive damages and third-party claims against alcohol providers all contribute to broader accountability.