Orlando Drunk Driving Accident Lawyer

Driving is a part of daily life that many of us take for granted. For most, the act of getting behind the wheel of a vehicle is a safe, normal activity. But the risk of a car accident is always present, and that risk rises dramatically when someone decides to drive drunk. 

Unfortunately, many people choose to drive while intoxicated. Some even like to brag that they’re “good” at it. This usually just means that they haven’t caused an accident yet. Each time they choose to get behind the wheel while intoxicated, they’re putting themselves and others at risk, no matter how they choose to look at it.

If you were injured due to a drunk driver, Osborne, Francis & Pettis is here to support you through your recovery. We can represent you in a personal injury claim to obtain compensation for the damages you incurred due to harm caused by a negligent driver. To discuss your case in a free consultation, contact our Orlando office online or at (561) 293-2600.

Why Choose Osborne, Francis & Pettis for Your Claim?

While evidence may seem pretty cut and dry for these cases, insurance companies will still try to deny claims and lowball settlements whenever possible. They may try to claim that your injuries don’t match the accident or that the breathalyzer was inaccurate. 

Because we have knowledge of drunk driving law and personal injury law, we can easily counter these claims and ensure that you receive the full compensation that you deserve. 

• 10+ years of experience: Serving injured Floridians since 2015.
• $1+ billion recovered: Secured in total recoveries for our clients.
• Boutique-level attention: Personal, one-on-one service backed by the resources and experience of a national-caliber law firm.
• Local connections: Our relationships with law enforcement, hospitals, and treatment providers can help us obtain police reports, medical records, bills, and other important case documents. We can also keep track of your treatment and use that information when evaluating your claim.
• Free case evaluations: Talk with our team about what happened, what your injuries may mean for your claim, and what options you have—at no cost.
• Contingency fees: You do not pay attorney fees unless we win your case.
• Personal attention: We offer the one-on-one experience of a boutique firm while bringing the resources and experience needed for complex personal injury cases.

According to research by Martindale-Nolo, accident victims who work with an attorney receive settlements or court awards more than four times higher on average than those who attempt to negotiate on their own. Furthermore, over 90% of represented claimants recover money, compared to barely half of those without legal representation.

Getting Your Life Back: What an Orlando Drunk Driving Injury Attorney Will Recover for You

When a drunk driver hits you, the fallout shows up in almost every part of your day-to-day routine. A legal claim isn't about getting a "windfall,” it’s about getting the resources you need to fix what can be fixed and make up for what can't.

First, there are the tangible financial hits you can trace directly to receipts and bank statements:

• Immediate and ongoing medical care: Ambulance rides, ER visits, follow-up appointments, physical therapy, and prescription medications
• Future treatment expenses: Long-term rehabilitation, future surgeries, or specialist care you might need down the road
• Lost income: Paychecks you missed while taking time off work to heal
• Impact on your career: Reduced ability to earn a living in the future if your injuries limit what you can do
• Vehicle damage: Repairs or the cost to replace your car if it was totaled

Then there are the personal losses that don't come with a neat receipt attached:

• Physical pain and suffering: Dealing with constant physical discomfort while you recover
• Emotional stress and anxiety: The mental strain, sleepless nights, or trauma that often follows a violent collision
• Loss of enjoyment of life: Missing out on hobbies, playing with your kids, or living without limitations
• Permanent impact: Dealing with lasting scarring, physical disabilities, or life-altering changes

Tragically, some drunk driving crashes end a life. If you lost a spouse, parent, or child to an impaired driver, no check will ever fill that void. A wrongful death claim allows surviving family members to seek accountability and relief for:

• Funeral and burial costs
• The loss of the victim's financial support and income
• The profound loss of companionship, love, and emotional guidance

In everyday car accidents, payment is meant solely to cover your personal losses. But drunk driving is different—it is a choice to put everyone on the road in danger. 

Because driving under the influence is considered gross negligence, Florida courts may also award punitive damages. These are extra financial penalties added on top of your normal recovery. They exist specifically to punish the drunk driver for extreme recklessness and to send a clear message to our community that driving impaired will not be tolerated.

How an Orlando Drunk Driver Accident Lawyer Creates a Strong Case

Insurance companies hope you feel exhausted enough to take the first low offer they throw at you. The second we take your case, we take over all communications. You can simply tell pushy adjusters, "Talk to my lawyer," and hang up the phone.

While we keep the insurance company at arm's length, our team moves fast to secure crucial proof before it gets lost or deleted:

• Locking down official DUI records: We request crash reports, breathalyzer logs, and toxicology results directly from local law enforcement before paperwork gets delayed in the system.
• Preserving traffic and business video: Video footage from cameras along roads like I-4, Colonial Drive, or nearby storefronts is often erased or overwritten within days. We send formal legal notices immediately to preserve those files.
• Recording witness accounts: Memory fades fast. We interview eyewitnesses while the events are still fresh in their minds, documenting what they saw before, during, and after the impact.
• Mapping out your long-term medical costs: We speak directly with your doctors to make sure your claim reflects the real impact of your injuries, not just immediate bills but physical therapy, specialist visits, and lost working capacity months or years in the future.
• Reconstructing the collision: If the insurer tries to blame road conditions or dispute how the crash happened, we bring in accident reconstruction specialists to prove exactly how the driver's impairment caused the hit.

What to Do After a Drunk Driving Accident in Orlando

Maybe the crash happened yesterday. Maybe it was a few weeks ago, and you’re only now realizing how much your injuries have affected your life. Either way, you still have steps you can take to protect your health and your claim. Here’s what to know if a suspected drunk driver injured you in Orlando.

1. Call 911 and Report the Crash: If you are still at the scene, call 911 and ask for police and emergency medical personnel. Tell the dispatcher if you believe the other driver may be impaired. The Orlando Police Department or Orange County Sheriff's Office may document signs of intoxication and conduct appropriate testing.
2. Get Medical Care: Allow paramedics to examine you at the scene, and follow up with a doctor even if your injuries seem minor. Some injuries may not be obvious right away. 
3. Keep Track of How You Are Healing: If your symptoms continue or change, keep a simple record of your recovery. Write down your pain levels, physical limitations, missed work, changes to your daily routine, and appointments or treatments. Keep copies of medical records, prescriptions, bills, work restrictions, and other documents related to your injuries. 
4. Preserve Evidence From the Crash: Keep photographs of your injuries as they heal, not just pictures taken on the day of the collision. Save vehicle repair records, damaged personal property, and any messages or correspondence related to the crash. 
5. Be Careful With Insurance Companies: You may hear from the other driver's insurance company soon after the accident. You generally do not have to give a recorded statement to the other driver's insurer simply because an adjuster asks for one. Do not guess about your injuries, minimize your symptoms, or speculate about who was at fault. A statement made before you know the full extent of your injuries can later be taken out of context. Before providing a recorded statement or signing documents, consider speaking with an attorney about your rights.
6. Talk With a Lawyer Before Making Major Decisions: If you were seriously injured, are dealing with significant medical bills or lost income, or are being contacted by an insurance adjuster, getting legal advice early can help you understand your options. You do not need to wait until your treatment is finished to ask questions about your claim.

Types of Car Accidents Drunk Driving Causes

Drunk driving accidents do not all happen the same way. A driver who has been drinking may miss a traffic signal, drift into another lane, drive the wrong way, or fail to react when traffic suddenly slows. 

In Orlando, these mistakes can lead to serious crashes involving other drivers, passengers, pedestrians, and cyclists.

Some common situations include:

• Intersection crashes: A drunk driver may run a red light or stop sign because they are not paying attention to traffic signals.
• Rear-end crashes: Impaired drivers may have slower reaction times or follow other vehicles too closely. 
• Wrong-way and head-on crashes: A severely impaired driver may enter a roadway in the wrong direction or drift across a center line. 
• Lane-change and sideswipe crashes: Alcohol can affect a driver's judgment and ability to maintain a lane.
• Pedestrian and bicycle crashes: Drivers under the influence may have trouble noticing pedestrians and cyclists, particularly at night or in areas with heavy foot traffic. 
• Hit-and-run crashes: Some intoxicated drivers leave the scene rather than stopping after a collision. 

Not sure what really happened in the crash? Let us take a closer look. Our attorneys can investigate the collision, review the police and DUI records, track down witnesses, examine vehicle damage, and look for video or other evidence that may tell the full story.

If a drunk driver injured you in Orlando, call Osborne, Francis & Pettis at (561) 293-2600 for a free consultation or fill out our online form today. 

Civil vs. Criminal Cases in Drunk Driving Cases: What Happens Next?

It is easy to mix up civil and criminal cases after a DUI crash, but they serve two very different goals and happen in completely separate courtrooms.

• The Criminal Case (Punishing the Driver): State prosecutors handle the criminal side. Their main job is to punish the drunk driver for breaking Florida laws through jail time, fines, or losing their driver’s license. While seeing them held accountable brings some peace of mind, the criminal court’s job isn't to make sure your medical bills are taken care of, your vehicle is fixed, or your lost paychecks are replaced.
• The Civil Case (Taking Care of You): This is where you and your Orlando drunk driving accident attorney come in. A civil claim is a private action brought by you to recover money for everything the crash cost you.

While the state has its own attorneys fighting to punish the driver, nobody in the criminal courtroom is looking out for your financial recovery. That falls entirely on the civil side, and you won't be dealing with the driver; you'll be up against their insurance company.

Insurance companies know you are stressed and will use that to their advantage. They use this window to push quick, measly settlement offers before you fully understand what your injuries will cost long-term. However, an Orlando drunk driving accident lawyer knows these insurance games all too well and will shield you from pushy adjusters to get you every single dollar you’re owed.

Who Can an Orlando Drunk Driving Injury Lawyer Hold Responsible for My Injuries?

While the impaired driver is usually the primary focus of a claim, other parties may also share legal responsibility under Florida law:

• The Impaired Driver: The individual who chose to drink and drive is directly liable for the damage they cause.
• Commercial Hosts / Businesses (Florida Dram Shop Law): Under Florida Statute § 768.125, a bar, restaurant, or venue generally cannot be held liable for serving alcohol to an adult. However, there are two key exceptions: if the establishment willfully served alcohol to a person under 21, or if they knowingly served alcohol to a person habitually addicted to alcohol. If a business violates this law, they can be held financially responsible for the resulting crash.
• Employers: If the drunk driver was driving a company car or performing tasks for their job at the time of the crash, the employer may share financial liability.

What Your Drunk Driving Accident Claim May Look Like

Going through a personal injury claim can feel unfamiliar, but knowing what to expect can help ease your mind. 

Here is how the legal process typically moves forward when you work with an Orlando drunk driving accident attorney:

1. Free Initial Consultation: We sit down with you to discuss what happened to you, review the details of the crash, and answer your questions at no cost.
2. Investigation and Evidence Gathering: Our team investigates the accident scene, secures police reports, obtains chemical test results, and reviews your medical records.
3. Filing Insurance Claims: We handle all communication with the involved insurance companies, protecting you from aggressive adjusters trying to record statements or offer low settlements.
4. Demand and Settlement Negotiations: Once the full scope of your medical recovery and financial losses is clear, we prepare a detailed demand package for the insurance company and negotiate for a fair payout.
5. Filing a Lawsuit (If Needed): If the insurance company refuses to make a fair offer, we can file a civil lawsuit in court to fight for your rights.
6. Resolution: Most claims settle before reaching a courtroom, but if a fair agreement cannot be reached, our experienced trial lawyers are fully prepared to present your case to a jury.

Drunk Driving and DUI Statistics

According to Florida crash data, there were 4,885 alcohol-confirmed crashes in 2024. While that was a decrease from 5,132 in 2023 and 5,262 in 2022, thousands of crashes still involved confirmed alcohol impairment. Over the three-year period from 2022 through 2024, Florida averaged about 5,093 alcohol-confirmed crashes each year.

The most serious crashes also took a heavy toll:

• 304 alcohol-confirmed fatal crashes occurred in Florida in 2024.
• 323 people died in alcohol-confirmed crashes in 2024.
• 194 crashes resulted in incapacitating injuries in 2024.
• 301 people suffered incapacitating injuries in those crashes.

The 2024 numbers were lower than in previous years, but they are still difficult to ignore. Florida recorded an average of 341 alcohol-confirmed fatal crashes and 370 alcohol-confirmed incapacitating injuries each year from 2022 through 2024. Behind every number is a person who may have needed emergency care, missed work, faced a long recovery, or lost a loved one.

Florida Drunk Driving Laws

In Florida, like many states, it’s illegal to drive with a BAC of 0.08% or higher. If you’re under 21 years of age, the legal limit is 0.2%. Those who are arrested for drunk driving may receive the following punishments: 

On their first offense: 

• Their license may be suspended for 180 days to one year. If they injured someone in the accident, it may be suspended for up to three years. 
• A fine of $500 to $1000 
• Imprisonment for less than six months

On their second offense: 

• A fine of $1,000 to $2,000 
• A license suspension of at least five years for those who commit a second offense within five years of the first. 
• Imprisonment for less than nine months
• If the first offense was within five years of the second, there’s a mandatory imprisonment of at least ten days. 

If your loved one passed away due to fatal injuries in a drunk driving accident, the laws are even harsher. In many cases, the at-fault party will be charged with manslaughter. Manslaughter is a second-degree felony that results in a fine of $10,000 or less and/or 15 years of imprisonment. 

Knowing that the person who hurt you or a loved one will be charged for their offenses in some way can offer at least a little peace of mind.

Proudly Representing Orlando Residents