By David B. Pittman, Esq. – Founder, Pittman Law Firm, P.L.
As a local personal injury lawyer with my office located right on Bonita Beach Road, I have seen hundreds of car accidents caused by drunk or impaired drivers. If a drunk driver causes an accident, you can make a claim for your car damage and injuries with their personal insurance and your own coverage.
The first thing you need to do is get a copy of official crash report from the Lee County Sheriff’s Office or Florida Highway Patrol and receiving a formal medical evaluation at a local facility—such as the NCH Bonita freestanding emergency department or Lee Health Coconut Point—within 14 days are the immediate required steps to protect your claim.
The Local Reality of Impaired Driving in Southwest Florida
Traffic flowing back from a day in the sun at Lovers Key State Park or an evening of bar-hopping on Fort Myers Beach creates a severe risk for impaired driving along the Bonita Beach Road (CR 865) corridor. From the heavy congestion at the US-41 (Tamiami Trail) intersection to the high-speed merges near the Interstate 75 interchange, our office has handled the devastation these preventable collisions cause throughout Lee and Collier counties for over thirty years.
Drunk driving crashes are distinct from standard fender benders. They involve gross negligence. In Florida, this opens the door to pursuing punitive damages—a specific type of compensation designed to punish the reckless driver and deter others from making the same dangerous choice. Under Florida Statute § 768.736, the usual caps on punitive damages do not apply when the at-fault driver was impaired by alcohol or drugs.
Uncovering the Truth: A Real Southwest Florida Case From Our Files
We represented a local client who sustained serious injuries after being struck by a drunk driver directly on Bonita Beach Road, ultimately requiring advanced care at NCH North Naples Hospital. During our immediate investigation, we aggressively pursued the specific facts of the driver’s impairment and history. Because we built a strong case around the driver’s gross negligence, our firm successfully secured a full policy limits settlement for our severely injured client.
Why Does the Florida 14-Day PIP Rule Apply to DUI Crashes?
Even in clear-cut DUI cases where the other driver goes to the Lee County Jail in handcuffs, Florida’s strict Personal Injury Protection (PIP) rules apply to your recovery. Under Florida Statute § 627.736, you have exactly 14 days from the date of the crash to get a formal medical evaluation. Waiting to see if your back pain subsides means you legally forfeit your right to access your own PIP benefits. Never give an insurance adjuster an excuse to deny your medical bills.
If an impaired driver has injured you or a family member, do not wait for the insurance company to dictate the value of your health. Call Pittman Law Firm today at 239-992-8259 for a free, confidential evaluation of your case.
Key Takeaways:
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- 14-Day Rule: You must see a qualified medical provider—whether at a local clinic or Lee Memorial Hospital—within two weeks of the crash to keep your PIP benefits active under Florida Statute § 627.736, regardless of who is at fault.
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- Punitive Damages Uncapped: Drunk driving cases often qualify for additional financial recovery beyond your basic medical bills and property damage, and Florida Statute § 768.736 lifts the standard cap on these damages.
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- Immediate Action: Gathering evidence, local traffic camera feeds, and crash reports early is required to secure your compensation.
Frequently Asked Questions:
Can I sue the Bonita Springs bar that served the drunk driver?
Under Florida’s Dram Shop Act (Florida Statute § 768.125), holding a bar or restaurant liable for a crash is very narrow. You must prove the establishment knowingly served alcohol to a minor, or knowingly served someone who was habitually addicted to alcohol.
Do I have to wait for the drunk driver’s criminal trial in Lee County to get paid?
The criminal case handled by the local State Attorney’s Office at the Lee County Courthouse is entirely separate from your civil injury claim. You do not have to wait for a criminal conviction to pursue your financial recovery.
How long do I have to file a lawsuit against the drunk driver?
Under Florida Statute § 95.11, the law limits your time to file a personal injury lawsuit to exactly two years from the date of the accident. Missing this statutory deadline permanently bars you from recovering compensation.
About David B. Pittman, Esq.
David B. Pittman is the founder of Pittman Law Firm, P.L., dedicating his career to personal injury advocacy in Bonita Springs, Fort Myers, Naples, Estero, Cape Coral, and the greater Southwest Florida area for over three decades. A graduate of The Citadel and the University of South Carolina School of Law, David holds an AV-Preeminent Rating by Martindale-Hubbell and is a member of the Multi-Million Dollar Advocates Forum. He also brings 25 years of experience as a licensed Florida Real Estate Broker, providing an advanced layer of oversight for premises liability and property-related accident claims in commercial districts.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship with Pittman Law Firm, P.L.