Injured by a Drunk Driver During the Holidays in Florida? We’re Here to Help You Recover

Holiday celebrations and drunk driving crashes often collide in Florida. Holiday gatherings in Port Charlotte and across Southwest Florida bring families together — but they also bring a sharp rise in impaired driving. Thanksgiving, Christmas, and New Year’s routinely show some of the highest DUI crash rates on US-41, I-75, and busy neighborhood corridors.

If a drunk driver injured you during the holidays, you may feel overwhelmed and unsure where to begin. At All Injuries Law Firm, we’ve spent more than 35 years helping injured people across Port Charlotte, Fort Myers, and Sarasota regain stability and peace of mind.

Why drunk driving accidents increase during the holidays in Florida

Between November and January, Southwest Florida sees heavier nighttime traffic, more visitors unfamiliar with local roads, and more social gatherings where alcohol is served. Even a small degree of impairment slows reaction time — and on high-speed roadways like Tamiami Trail or Veterans Blvd., the consequences can be severe.

Your rights after being injured by a drunk driver during the holidays

Florida Statutes §316.193 and §627.737 provide strong protections for people hurt by impaired drivers. A drunk driver is generally considered negligent, and victims may pursue compensation beyond PIP when injuries meet the state’s serious injury threshold.

“After a crash like this, most people feel overwhelmed — especially during the holidays. We take the time to walk you through every step so you understand your rights and what comes next.”— Attorney Brian Sutter, Board-Certified since 1990

DUI charges often strengthen your civil injury case

When the impaired driver is arrested or cited, the evidence gathered during the criminal investigation — BAC results, bodycam footage, police observations, and witness statements — often strengthens your injury claim.

“DUI evidence can disappear fast — especially around the holidays. Our job is to secure what matters early so you can focus on healing while we handle the legal side.”— Attorney Bryan Greenberg, Board-Certified Attorney

You can still collect compensation even if the drunk driver is facing criminal charges

Victims often fear that once the impaired driver is arrested, the insurance claim must wait. Under Florida law, however, the criminal case and civil injury claim are entirely separate. Even if the drunk driver is jailed or uncooperative, you can still pursue compensation through:

• Bodily injury insurance
• Uninsured/underinsured motorist coverage (UM/UIM)
• A resident relative’s UM/UIM policy
• Other responsible parties, depending on evidence

“A criminal charge doesn’t take care of the victim — that’s what the civil case is for. Even if the drunk driver goes to jail, we can still pursue the compensation that helps you rebuild your life.”
— Attorney Corbin Sutter, Million Dollar Advocates Forum

Compensation available after a holiday drunk driving crash

Holiday DUI crashes often cause severe injuries requiring long-term care. Depending on your case, available compensation may include:

• Medical treatment and future care
• Lost income and reduced earning capacity
• Pain and suffering damages
• Punitive damages under §768.72
• Wrongful death benefits for families

Our case history includes multiple million-dollar recoveries, reflecting our long-standing commitment to helping victims rebuild their lives.

How insurance works after a holiday DUI accident in Florida

Florida’s system can be confusing. PIP coverage applies first, but victims often rely on other insurance layers such as:

• Bodily injury liability coverage
• UM/UIM coverage
• Limited dram shop liability under §768.125
• Rental or out-of-state policies

Our attorneys evaluate every layer to make sure no available coverage is overlooked.

What to do immediately after a drunk driving accident during the holidays

A DUI crash can feel chaotic, but several steps help protect your health and your claim:

• Get medical care right away
• Report the crash to law enforcement
• Take photos of the scene, vehicles, and injuries
• Collect witness contact information
• Avoid speaking with the drunk driver’s insurer
• Contact an attorney early

Our team moves quickly to secure surveillance video, witness statements, and bodycam footage before it disappears during holiday backlogs.

How the holiday season complicates injury claims

Holiday weeks bring delays in police reporting, insurance responses, and medical treatment. Surveillance video may be lost due to business closures, and witnesses often travel out of town. With more than 35 years serving Southwest Florida, we know how to navigate these seasonal challenges and protect your case.

Why experience and local knowledge matter in holiday DUI cases

Our team includes:

• Brian O. Sutter — Board-Certified since 1990
• Bryan Greenberg — Board-Certified, former insurance defense
• Corbin Sutter — Million Dollar Advocates Forum
• Jenna Kakley — Litigation-focused personal injury attorney

For more than three decades, we’ve represented injured clients in Port Charlotte, Fort Myers, and Sarasota. Our mission is simple: Victory for the Injured — and when clients win, they celebrate by banging our office’s victory gong.

When to call an attorney after a holiday drunk driving accident

DUI evidence disappears quickly. Calling an attorney early allows us to secure crash data, bar records, surveillance video, and bodycam footage while it’s still available.

How All Injuries Law Firm supports victims of holiday DUI crashes

When you reach out to us, you speak directly with experienced attorneys. We handle all aspects of your claim — evidence, medical documentation, insurance negotiations, and litigation when needed. For more than 35 years, helping injured people is all we do — our name says it all.

A supportive closing message

“No one expects to spend the holidays dealing with a crash caused by a drunk driver. We want you to know that you’re not facing this alone — our team is here to guide you, protect you, and fight for your recovery.”— Attorney Jenna Kakley

Victory for the Injured is more than our motto — it's the promise we make to every client.

Frequently Asked Questions About Holiday Drunk Driving Injury Claims in Florida

Can I still file an injury claim if the drunk driver was arrested?

Yes. The criminal DUI case and your civil injury claim are entirely separate processes in Florida. Even if the impaired driver is arrested or jailed, you may still pursue compensation through their insurance or your own UM/UIM coverage. Our attorneys, including board-certified lawyers Brian Sutter and Bryan Greenberg, often handle cases where criminal charges strengthen the civil claim.

What compensation can I recover after a holiday drunk driving crash?

You may be able to recover damages for medical bills, lost wages, reduced earning capacity, pain and suffering, and punitive damages in qualifying DUI cases. Families who lose a loved one may also pursue wrongful death compensation.

What if the drunk driver has little or no insurance?

Many holiday DUI crashes involve drivers with minimal insurance. You may still recover compensation through uninsured/underinsured motorist (UM/UIM) coverage on your policy or a resident relative’s policy. Our attorneys review every potential insurance layer to ensure nothing is missed.

Does Florida’s PIP coverage still apply in a DUI crash?

Yes. Under Florida’s no-fault system, PIP pays for initial medical care and a portion of lost income, regardless of fault. Because holiday DUI crashes often involve severe injuries, most victims exceed PIP limits and pursue additional compensation.

Can I sue a bar or restaurant for overserving the drunk driver?

Florida’s dram shop law (§768.125) is limited. A bar or restaurant may be liable only if they served alcohol to a minor or a person known to be habitually addicted. These cases are rare, but our attorneys evaluate whether dram shop liability might apply.

What should I do immediately after a holiday DUI accident?

Seek medical treatment, call law enforcement, document the scene, and gather witness information if possible. Avoid speaking with the drunk driver’s insurer. Our team acts quickly to preserve holiday-sensitive evidence like surveillance video and bodycam footage.

Do holiday DUI cases take longer because of seasonal delays?

Often yes. Police reports, medical records, and insurance responses may be slower around the holidays. Witnesses may be traveling, and surveillance video can be harder to obtain due to business closures. With more than 35 years serving Port Charlotte, Sarasota, and Fort Myers, we know how to navigate these challenges.

How soon should I call an attorney after a holiday drunk driving crash?

As soon as possible. Evidence such as bodycam footage, bar receipts, and surveillance video can disappear quickly. Early involvement helps protect your case and preserve important proof.

Will I have to go to court?

Many DUI injury claims settle through negotiation, but some require litigation when insurers dispute liability or damages. If your case goes to court, you will have the support of our experienced trial attorneys, including board-certified lawyers with decades of experience in Southwest Florida.

How much does it cost to hire All Injuries Law Firm?

We operate on a contingency fee basis. You pay no upfront fees, and no attorney’s fee unless we recover compensation for you. Consultations are free, and our attorneys explain the process clearly so you can make informed decisions during a difficult time.

References

Florida Statutes – Driving Under the Influence (DUI)
Florida Statute §316.193

Florida Statutes – Serious Injury Threshold
Florida Statute §627.737

Florida Statutes – Personal Injury Protection (PIP)
Florida Statute §627.736

Florida Statutes – Dram Shop Liability
Florida Statute §768.125

Florida Statutes – Punitive Damages
Florida Statute §768.72

Florida Highway Safety and Motor Vehicles – Impaired Driving Resources
FLHSMV Impaired Driving Information

National Highway Traffic Safety Administration (NHTSA)
NHTSA Drunk Driving Data

Centers for Disease Control and Prevention (CDC)
CDC Impaired Driving Safety

National Safety Council (NSC)
NSC Drunk Driving Safety