Lakeland Drunk Driving Accident Lawyer

Most personal injury claims are built on negligence, the idea that someone failed to exercise reasonable care. A drunk-driving case is different.

The driver did not make a mistake in a moment of inattention. They made a deliberate series of choices that ended with them behind the wheel impaired, opening the door to damages that standard car accident claims do not reach.

If a drunk driver hits you in Lakeland, the civil case that follows the criminal one is separate, runs on its own timeline, and can recover significantly more than what most people expect. Smith, Feddeler & Smith, P.A., handles drunk driving injury cases throughout Lakeland and Polk County. Call (863) 312-1102 or contact us online for a free case evaluation.

Where Drunk Driving Accidents Happen in Lakeland

Lakeland’s downtown lakefront district, the bar and restaurant corridors along Lake Mirror and along Massachusetts Avenue, and the areas surrounding Florida Southern College and Southeastern University generate consistent late-night impaired driving exposure. The stretch of US-98 that runs through the city’s commercial core and the I-4 corridor connecting Lakeland to Tampa and Orlando are among the highest-risk roads in Polk County after dark.

Liability Does Not Always Stop With the Driver

The driver who hit you may not be the only party with legal exposure. Florida’s dram shop law under Florida Statutes § 768.125 allows a claim against a bar or restaurant that served a minor or habitually addicted individual who then caused an accident. If the driver was on the job at the time, their employer may be held vicariously liable. Both avenues are worth examining before any demand is made.

Punitive Damages Are on the Table

Under Florida Statutes § 768.736, if the at-fault driver had a blood alcohol level of 0.08% or above, the standard procedural hurdles and damage caps that apply to punitive damages claims in other cases do not apply. They are not automatic and require meeting an evidentiary standard, but the law gives DUI cases a meaningful advantage. That is one reason these cases need to be handled differently from the start.

What the Criminal Case Does and Does Not Do for You

A DUI conviction establishes facts about impairment you do not have to re-prove and can support the evidentiary threshold for punitive damages. But the criminal case runs on the state’s timeline and does not put money in your pocket. A reduced charge, a lengthy court process, or even an acquittal on a technicality does not determine the civil outcome, because the standards of proof differ. 

Waiting for the criminal process to resolve before pursuing your claim is rarely the right call, and it can allow the two-year statute of limitations under Florida Statutes § 95.11 to close in faster than it should.

Why Polk County Drunk Driving Victims Work With Our Firm

Drunk driving cases need to be treated as the legally distinct claims they are, not handled as a standard auto accident with a DUI attached. The punitive damages analysis, the dram shop investigation, and the interplay between the criminal and civil proceedings all require a different level of attention from the start.

We have built a reputation in Polk County for taking serious injury cases the distance when the evidence supports it, and the carriers and defense counsel we face know we litigate. There is no attorney fee unless we recover, though clients may still be responsible for certain litigation costs. Our testimonials and case results speak to what that approach produces.

What a Drunk Driving Claim Can Include

A drunk driving claim can recover more than a standard car accident case allows. Depending on the facts, compensation may include:

• Emergency treatment, surgery, and hospitalization
• Ongoing medical care and rehabilitation
• Lost income and reduced earning capacity
• Pain, suffering, and permanent injury
• Punitive damages where the facts support them
• Wrongful death damages if a family member did not survive

Frequently Asked Questions About Lakeland Drunk Driving Accidents

What If the Drunk Driver’s Insurance Policy Limits Are Not Enough to Cover Your Injuries?

Many liability policies exclude punitive damages from coverage entirely, meaning the driver may be personally responsible for that portion of a judgment even if their insurer covers the compensatory damages. Your own uninsured and underinsured motorist coverage may also apply where the at-fault driver’s limits fall short of what your injuries are worth. These coverage layers are worth identifying early, before any settlement conversation begins.

What If the Drunk Driver Was a Minor and Was Drinking at a Private Residence?

When alcohol is knowingly provided to a minor at a private residence and that minor causes an accident, the adult who furnished it may face both criminal and civil liability. This carries its own evidentiary requirements, often for negligence per se, but it is a real avenue of recovery in cases involving underage impaired drivers.

Can a Passenger in the Drunk Driver’s Vehicle File a Claim?

Yes. A passenger injured in a vehicle driven by an impaired driver has the same right to pursue a civil claim as any other accident victim. The fact that you accepted a ride does not constitute assumption of the risk in a way that eliminates your claim, particularly if you were unaware the driver was impaired when you got in the vehicle.

When the Conduct Behind the Crash Warrants More Than a Standard Claim

A drunk-driving case is not just a car accident claim. The choices that put an impaired driver on Lakeland’s roads that night go beyond carelessness, and Florida law accounts for that. Smith, Feddeler & Smith, P.A., handles these cases throughout Polk County and pursues every avenue of recovery the facts support, from compensatory damages through the full punitive damages analysis.

Call (863) 312-1102 or contact us online to go over your case at no cost.

Office Location

Lakeland832 Florida Avenue South
Lakeland, FL 33801

(863) 312-1102

Brandon202 E Brandon Blvd. Suite 107
Brandon, FL 33511

(813) 527-3716

Kissimmee1101 Miranda Lane
Ste1331, Kissimmee, FL 34741

(407) 904-5445

Tampa100 S Ashley Drive
Suite 600, Tampa, FL 33602

(813) 859-5671

Orlando4700 Millenia Blvd
Orlando,FL 32839

(407) 553-3028

Clearwater13575 58th St North #200
Clearwater, FL 33760

(727) 914-5089

$1,200,000.00
Workers’ Compensation

Claimant worked as a tree guy and a giant limb fell on him. Claimant developed CRPS and ended up wheelchair bound. Our firm was successful in obtaining many benefits to the Claimant prior to settlement, including multiple home modifications, wheelchair ramps, authorization of medical specialist, and implantation of a spinal cord stimulator.

$350,000.00
Workers’ Compensation

Claimant worked as a bus driving and during an evacuation she jumped off the bus causing her to fall resulting in a serious back injury.

$269,671.00
Workers’ Compensation

Claimant worked performing clerical type job in an office. She was asked to carry a box down stairs when she slipped and fell down the flight of stairs injuring her head, neck and lefts arm / wrist / hand.

$220,100.00
Workers’ Compensation

Claimant worked for a temp service. He was helping to unload a trailer when his foot went through a board on the floor of the trailer causing his to fall, shattering his pelvis, and causing serious injury to his back, hip and head.

$1,223,423.00
Workers’ Compensation

Claimant worked as a selector / forklift driver. This case involved a specific injury to her right leg / knee. She continued to work which resulted in repetitive and cumulative trauma to the right knee and CRPS.

$630,000.00
Workers’ Compensation

Claimant worked for a transport company. One day he was forced to get under a trailer and while he was lifting and twisting, the Claimant injured his back and knee, which was left untreated until he retained representation and filed Petitions for Benefits. Unfortunately, the severity or the injury coupled with the delay in treatment caused the Claimant to developed CRPS.