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Injured by a Drunk Driver in Florida

If a drunk driver injures you in Florida, you can bring a civil negligence claim, and the driver's impairment may support punitive damages. Florida's dram-shop liability is narrow (Fla. Stat. § 768.125) — a vendor that serves alcohol to an adult is generally not liable, except for willfully serving a minor or knowingly serving a habitual alcoholic.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Florida attorney promptly — the two-year deadline applies.

Being hurt by a drunk driver gives you a civil claim that’s separate from any criminal DUI case the state brings against the driver.

The civil negligence claim

You pursue the impaired driver under ordinary negligence, and because Florida is no-fault, the car accident rules apply — PIP first, then a claim against the driver if you meet the serious-injury threshold. The two-year deadline (Fla. Stat. § 95.11) and modified comparative negligence apply.

Punitive damages

A driver’s impairment can support a claim for punitive damages — damages meant to punish especially reckless conduct — on top of compensation. Florida sets a procedural threshold before punitive damages can be pleaded (Fla. Stat. § 768.72), so this isn’t automatic.

Florida’s limited dram-shop liability

People often ask whether the bar or restaurant that served the driver can be sued. In Florida, the answer is usually no. Under Fla. Stat. § 768.125, a vendor that serves alcohol to a person of lawful drinking age is generally not liable for injuries that person later causes. There are two narrow exceptions: willfully serving a minor, or knowingly serving a person habitually addicted to alcohol.

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Frequently asked questions

Can I sue a drunk driver who injured me in Florida?
Yes — it's a civil negligence claim, separate from any criminal DUI case against the driver. The impairment may also support a claim for punitive damages, subject to Florida's pleading rules.
Can I sue the bar that overserved the driver?
Usually not. Florida limits dram-shop liability (Fla. Stat. § 768.125) — a vendor generally isn't liable for serving an adult, with two exceptions: willfully serving someone underage, or knowingly serving someone habitually addicted to alcohol.
Are there extra damages because the driver was drunk?
Possibly. A drunk driver's conduct can support punitive damages on top of compensation, though Florida law sets procedural requirements before punitive damages can be pursued.

Sources

Related guides

  • Florida ATV Accident Claims ATVs are off-highway vehicles that generally can't be driven on public roads in Florida (Fla. Stat. § 316.2074), and operators under 16 must wear a helmet and eye protection. ATVs aren't covered by auto PIP, so injury claims proceed as ordinary negligence under the two-year deadline and modified comparative negligence.
  • Florida Bicycle Accident Claims In Florida, a bicyclist has the rights and duties of a vehicle operator (Fla. Stat. § 316.2065). Crash claims run on negligence and modified comparative fault, and a cyclist's own conduct can reduce or bar recovery. Riders under 16 must wear a helmet. The two-year deadline applies.
  • Florida Car Accident Claims Florida is a no-fault auto state: your own PIP (up to $10,000) pays your medical bills and lost wages regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the serious-injury threshold (Fla. Stat. § 627.737). A two-year filing deadline and modified comparative negligence (51% bar) apply.
  • Florida Commercial Truck Accident Claims A commercial truck crash in Florida is still a Florida negligence claim — same two-year deadline and modified comparative negligence — but federal FMCSA safety regulations (hours of service, maintenance, driver qualification) layer on top, and there are often multiple defendants: the driver, the motor carrier, and sometimes others.
  • Florida Dog Bite Claims Florida imposes strict liability on dog owners for bites: the owner is liable regardless of the dog's prior viciousness or the owner's knowledge of it (Fla. Stat. § 767.04). The victim's own negligence reduces recovery, and a prominently displayed 'Bad Dog' sign can limit liability — but not against children under 6 or where the owner was negligent.
  • Florida Motorcycle Accident Claims Florida lets riders 21 and older ride without a helmet if they carry at least $10,000 in medical coverage; under-21 riders must wear one (Fla. Stat. § 316.211). Motorcycles are generally not covered by Florida's no-fault PIP, so riders typically pursue the at-fault driver directly. The two-year deadline and modified comparative negligence apply.

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