Hit in a Drunk Driving Accident or By a Distracted Driver in Orlando: What You Should Do & How to Protect Your Rights

I’ve been fighting for Central Florida accident victims since 2010, and I’ll be straight with you: drunk driving accidents and distracted driving crashes are two of the most winnable cases I handle. When a driver gets behind the wheel impaired or with their eyes anywhere but the road, they aren’t just putting lives at risk; they’re breaking laws that establish their negligence. This guide walks you through what constitutes negligence in drunk or distracted driving cases, the immediate steps I tell clients to take, and the evidence required to win.

What Makes a Drunk or Distracted Driver Legally Negligent Under Florida Law?

In Florida, negligence means a driver failed to exercise the reasonable care that a prudent person would use under the same circumstances. When it comes to distracted or drunk driving accidents, Florida has specific statutes that don’t just support a negligence claim — in many cases, they establish it outright.

What Does Florida’s DUI Law Say About Negligence?

Under F.S. §316.193, a driver is guilty of DUI if their BAC hits 0.08% or higher — but most people don’t realize the law goes further. A driver whose normal faculties are impaired by alcohol, a controlled substance, or any chemical substance is equally guilty, regardless of what a breathalyzer shows. That means, if they were slurring, swerving, or unable to follow basic instructions at the scene, and the impairment is documented, it becomes powerful evidence that may support negligence per se under Florida law.

When these circumstances are aggravated — a BAC of 0.15 or higher, or a crash causing serious bodily injury- it opens the door for punitive damages under F.S. §768.736. This removes the normal caps and procedural restrictions on punitive awards when a defendant is intoxicated, bringing about a level of financial exposure that can change how seriously insurers treat your claim.

What Laws Make a Distracted Driver Legally Negligent in Florida?

Here’s what most victims don’t realize: there isn’t just one law that outlines negligence for distracted or drunk driving accidents; there are many. As your distracted driving accident attorney, I use whichever ones apply:

1. Careless Driving is the foundational catch-all. Under F.S. §316.1925, every driver is required to operate their vehicle “carefully and prudently… so as not to endanger the life, limb, or property of any person.” I use it in cases where the distraction was eating, adjusting the GPS, reaching into the back seat, or applying makeup — behaviors that don’t fit neatly under the texting ban but are just as dangerous.
2. Florida’s Ban on Texting While Driving goes a step further for phone-related distraction. F.S. §316.305 makes it illegal to manually type, read, or send messages on any wireless device while driving — including texts, emails, and instant messages. Since 2019, it has been a primary offense, meaning police can pull a driver over for it alone, without needing any other violation.
3. The Handheld Device Ban in School and Work Zones extends under F.S. §316.306 to all handheld device use in school zones and active work zones. If your crash happened in one of these areas, this is an additional and more serious violation I can layer into your case.
4. Reckless Driving applies at the extreme end. Under F.S. §316.192, a driver who operates their vehicle with “willful or wanton disregard for the safety of persons or property” can face a reckless driving charge. This matters on the civil side because reckless driving opens the door to punitive damages — not just compensation for your losses, but additional damages designed to punish the driver’s behavior.

When a driver violates any of these traffic safety statutes and that violation causes your crash, Florida law treats it as negligence per se — a legal doctrine that automatically establishes the duty and breach elements of negligence without requiring further proof. As your distracted driving accident attorney in Orlando, this means I can skip straight to what matters most: how seriously you were hurt and what you’re owed.

What Should You Immediately Do After a Distracted or Drunk Driving Accident?

The actions you take in the first hours after a crash determine what evidence survives, and what your case is ultimately worth. Here’s exactly what I tell every client to do as a distracted driving accident attorney:

1. Call 911 and tell the dispatcher you suspect impairment or distracted driving. Saying this at the time of the call triggers the right investigative response from the start — field sobriety tests, device checks, and behavior documentation from the moment officers arrive.
2. Do not confront the at-fault driver. Impaired drivers can be unpredictable and aggressive. Stay in your vehicle or move to a safe location and wait for law enforcement.
3. Document everything you can safely capture. Photograph both vehicles from multiple angles, license plates, the driver’s visible condition, any open containers or a phone visible in their vehicle, road conditions, skid marks, and traffic controls. A short video of the driver’s behavior before officers arrive can be even more powerful.
4. Get witness contact information before people leave. Names and phone numbers are ideal. If someone walks away before you can reach them, their license plate is enough to locate them later.
5. Accept the EMS evaluation on-scene. Adrenaline masks serious injuries. Traumatic brain injuries, internal bleeding, and spinal injuries regularly have delayed symptoms. An on-scene evaluation creates the official medical record directly linking your injuries to this crash.
6. Seek follow-up medical care within 14 days. Florida’s PIP law (F.S. §627.736) requires initial treatment within 14 days to access your PIP benefits — 80% of medical costs covered up to $10,000, regardless of fault. Miss that window, and insurers have grounds to deny your PIP claim entirely.
7. Report to your own insurer. Give them the date, location, and that a crash occurred, but keep it brief and factual. Do not provide a recorded statement, speculate about fault, or discuss your injuries until you’ve spoken with me.
8. Do not speak to the at-fault driver’s insurance company. Their adjuster’s job is to minimize your payout. Anything you say before you have legal representation becomes a tool they will use against you.

Call Me Before Anyone Else: The evidence in drunk driving accidents often disappears within days, sometimes hours, so getting on the phone with me is one of the most important things you can do besides calling 911. The sooner I can send preservation letters and launch my investigation, the stronger your case will be.

What Evidence Is Needed to Win a Distracted or Drunk Driving Accident Case?

Drunk driving accidents demand specific evidence that goes well beyond a standard accident report, and much of it has a short shelf life. As a distracted driving accident attorney, here’s what I build cases with:

• The Police Report: That police report is your first and most important piece of documentation — grab a copy within 7 days. In drunk driving accidents, it captures field sobriety observations, DUI citations, scene admissions, and witness contacts. In distracted driving crashes, a citation under §316.305 or §316.1925 is an officer independently confirming the driver failed their duty of care.
• Toxicology Reports Record Impairment: When officers suspect DUI, they conduct breath, blood, or urine testing. Under F.S. §316.1933, a blood draw is mandatory in any crash involving serious bodily injury or death. Results from these readings confirm BAC, identify impairing substances, and lock in aggravated circumstances. And if the driver refused to test, this is still admissible in court and is treated as “consciousness of guilt.”
• Cell Phone Records Prove Distraction: Under F.S. §316.305(3)(d), a driver’s cell phone billing records are explicitly admissible as evidence in crashes involving death or personal injury. As a distracted driving accident attorney, I subpoena these immediately as carrier records can show exact call times, texts sent or received within seconds of impact, and app activity confirming the screen was active while they were driving.
• Witness Statements Counter the At-Fault Driver’s Narrative: In drunk driving accidents, bystanders who saw the driver swerving, running a red light, or looking at their phone are invaluable. Get their contact details at the scene — a 30-second video of their account on your phone preserves their story before an insurance adjuster has a chance to “re-interview” them.
• Surveillance and Dashcam Footage Captures What No One Can Dispute: Traffic cameras, gas stations, nearby businesses, and other drivers’ dashcams may have captured the crash or the driver’s behavior in the moments before impact. This footage is frequently overwritten within 24 to 72 hours — I move quickly to secure it.
• Photos and Videos Lock In Physical Evidence: Vehicle positions, skid marks, open containers, road conditions, and a phone visible on the driver’s seat are all pieces of a story I use to reconstruct exactly what happened.
• Social Media Posts Reveal Pre-Crash Behavior: I’ve used Facebook and Instagram posts to establish that a driver had been drinking heavily for hours before they got behind the wheel. Even deleted posts can often be recovered or documented.
• Vehicle Event Data Confirms Speed, Braking, and Driver Inputs: Newer vehicles have event data recorders that capture pre-crash speed, braking inputs, and steering data that can confirm or contradict what the at-fault driver claims.

The evidence above does two things: it proves what happened, and it protects you from blame. Insurers will try to shift fault onto you, and under F.S. §768.81, 51% or more at fault means you recover nothing. Under F.S. §95.11, you also have exactly 2 years from your crash date to file. Strong evidence and fast action are how we beat both.

Is There Anyone Else Who Can Be Held Responsible?

In drunk driving accidents, an angle I never overlook is whether liability extends beyond the driver. Under F.S. §768.125, a bar, restaurant, or individual who served alcohol can be held liable if they knowingly served a minor (under 21) or knowingly served a person habitually addicted to alcohol. You generally cannot sue an establishment simply for over-serving an adult patron – but when those conditions apply, it opens a significant third-party claim that can substantially increase your total recovery.

Hurt In A Drunk Driving Accident or by a Distracted Driver? Let’s Talk.

After more than two decades as a lawyer and fighting as a distracted driving accident attorney here in Orlando, I can tell you that the victims who call early almost always get better outcomes than the ones who wait. My consultation is completely free, and thousands of Central Florida clients have trusted our team to fight for them. With 4 convenient locations across Winter Park, Mount Dora, Lake Mary, and Clermont, there’s an office near you ready to move. Call us at 407-278-7423 or contact us online — the sooner we talk, the more evidence we can protect.