Holiday Parties and Drunk Driving: What to Do If You’re Hit by an Intoxicated Driver
The holiday season is a time for celebration, family, and fun — but unfortunately, it’s also one of the most dangerous times of year on Florida’s roads. With holiday parties, office events, and end-of-year gatherings in full swing, incidents of drunk and impaired driving increase dramatically.
If you or a loved one are injured by an intoxicated driver this holiday season, it’s important to understand your rights and the steps to take to protect yourself. The DUI accident lawyers at Stein Law are here to guide you through what to do next.
Why Drunk Driving Accidents Increase During the Holidays
Between Thanksgiving and New Year’s, law enforcement agencies report a sharp rise in alcohol-related crashes. The combination of parties, social events, and late-night travel often leads to poor decisions behind the wheel.
According to the National Highway Traffic Safety Administration (NHTSA), drunk driving causes roughly one-third of all traffic fatalities each year, and holidays like Christmas and New Year’s Eve see some of the highest spikes.
Common causes of holiday drunk driving accidents include:
- Leaving parties after drinking “just a few” without realizing impairment
- Driving long distances after consuming alcohol
- Drowsiness or distraction combined with intoxication
- Mixing alcohol with prescription or recreational drugs
Even one drink can slow reaction times and reduce coordination — making intoxicated drivers a serious threat on the road.
What to Do If You’re Hit by a Drunk Driver
If you’ve been injured by a drunk driver, your actions immediately following the crash can have a major impact on your safety and your legal case.
1. Call 911 Immediately
Contact the police right away and request emergency medical assistance if anyone is hurt. Let the dispatcher know you suspect the other driver is intoxicated.
When law enforcement arrives, they will assess the scene, administer sobriety or breath tests, and create a police report that can serve as vital evidence in your case.
2. Document Everything
If you’re able, take photos or videos of:
- The vehicles and visible damage
- The other driver’s behavior (slurred speech, stumbling, empty containers)
- The surrounding area and any skid marks or debris
Also, gather contact information for witnesses who can support your account.
3. Get Medical Care
Even if your injuries seem minor, see a doctor as soon as possible. Some injuries — like whiplash, internal bleeding, or concussions — may not show symptoms right away. Prompt medical treatment helps ensure your well-being and provides official documentation for your claim.
4. Notify Your Insurance Company
Report the accident to your insurance provider, but avoid giving detailed statements until you’ve spoken with an attorney. Insurance companies may try to minimize your payout or pressure you into a quick settlement.
5. Contact a Miami Car Accident Lawyer
A drunk driving crash can lead to both criminal and civil cases. While the state may prosecute the intoxicated driver, that process does not automatically cover your damages. You still have the right to pursue a personal injury claim for your medical expenses, lost wages, pain and suffering, and more.
The Miami car accident attorneys at Stein Law can help you:
- Gather evidence proving the driver’s intoxication and negligence
- Work with law enforcement and experts to strengthen your case
- Negotiate with insurers or take your claim to court if needed
Our goal is to ensure you recover the compensation you deserve while holding the negligent driver accountable.
Your Legal Options After a Drunk Driving Accident
Under Florida law, you may be able to recover compensation from several sources:
- The drunk driver’s insurance policy for bodily injury and property damage
- Your own uninsured/underinsured motorist coverage, if the other driver lacks adequate insurance
- Dram shop liability in limited cases, if a bar or restaurant knowingly served alcohol to a visibly intoxicated person who then caused the crash
Because these cases can involve multiple layers of liability, having a skilled attorney is key to maximizing your recovery.
How to Prevent Holiday Drunk Driving Accidents
While you can’t control other drivers, a few precautions can help keep you and your family safe this holiday season:
- Plan a sober ride home using a rideshare app, taxi, or designated driver.
- Avoid driving late at night when impaired drivers are more common.
- Watch for erratic driving behaviors — weaving, speeding, or sudden braking.
- Report suspected drunk drivers to local authorities.
- If hosting a holiday party, ensure guests have safe transportation options.
Contact Stein Law
At Stein Law, we’re more than attorneys — we’re advocates for safety, accountability, and justice. If you were injured in a holiday drunk driving accident, our team is ready to fight for your rights and help you move forward.
Contact to schedule your free case evaluation with a drunk driving accident lawyer.
FAQ
Can I sue a drunk driver who caused my accident?
Yes. In addition to the criminal DUI charges they may face, you can file a civil lawsuit to recover compensation for your injuries and losses.
How long do I have to file a claim after a drunk driving accident in Florida?
You generally have two years from the date of the crash to file a personal injury lawsuit under Florida’s statute of limitations.
Will the drunk driver’s arrest automatically help my injury case?
It can. A DUI arrest or conviction is strong evidence of negligence, but you still need to file a civil claim to recover financial compensation.
Can I recover damages if I was a passenger in the drunk driver’s vehicle?
Yes. Passengers have the same rights to pursue compensation for their injuries, regardless of who was driving.
What if the drunk driver was uninsured or underinsured?
Your uninsured/underinsured motorist coverage may help cover medical bills, lost wages, and other damages if the at-fault driver’s policy isn’t sufficient.
