Cape Coral Drunk Driving Accident Attorneys

Local Representation Against Drunk Drivers Since 1982

Since 1982, Lusk, Drasites & Tolisano has represented injured people in Cape Coral and throughout Lee County, and we were among the first local firms willing to go up against large corporations and defense firms on behalf of our clients. That track record matters when you’re facing a drunk driver’s insurer. We handle drunk driving accident cases on a contingency basis, meaning there’s no fee unless we recover compensation for you, and we offer free consultations for personal injury matters.

We believe in holding drunk drivers accountable for the harm they cause. We understand this is a difficult time for you and your family, and we can work to resolve your case as efficiently as possible while building the strongest claim the facts support.

Drunk Driving Accidents in Cape Coral & Lee County

Drunk driving is a serious and recurring problem in this part of Florida. In 2024, Lee County recorded over 180 DUI-related crashes, part of more than 4,100 alcohol-related crashes reported statewide that year. Cape Coral’s geography plays a role: the canal network, bridge crossings, and the active nightlife corridor along Cape Coral Parkway all contribute to elevated impaired-driving risk, particularly on weekend nights.

Crashes involving drunk drivers are often more severe than other collisions because impaired drivers frequently fail to brake or react before impact. Victims can face serious injuries, lengthy recovery, and significant financial losses at the same time. Having an experienced Cape Coral drunk driving accident lawyer in your corner from the start can make a real difference in how your claim is handled.

Proving Negligence in a Drunk Driving Accident

Anyone who decides to get behind the wheel when intoxicated makes a reckless decision that endangers everyone on the road. When a drunk driver causes an accident, he or she will likely be deemed negligent and held liable for any resulting harm. Negligence is the failure to exercise reasonable care while driving, or to use the same degree of precaution that a prudent person would use in the same or similar circumstances.

To prevail on a negligence claim, the plaintiff must establish the following elements:

• The driver owed the victim a duty to exercise reasonable care while driving
• The driver breached that duty
• The victim suffered harm as a direct result of the driver’s breach
• Quantifiable damages were incurred

Every motorist has an obligation to avoid posing foreseeable risks of harm to others. A driver operating while intoxicated almost certainly breaches that duty of care, and the victim must then show that the crash wouldn’t have occurred had the defendant been sober.

Once negligence is established, the plaintiff can pursue compensation. Recoverable damages can include medical expenses, future medical costs, lost income and earning capacity, pain and suffering, property damage, and other losses arising from the crash.

Additional Legal Avenues: Punitive Damages & Dram Shop Liability

In cases involving particularly egregious conduct, such as a driver with an extremely high blood alcohol level, Florida law may allow a court to award punitive damages on top of compensatory damages. Punitive damages aren’t a standard outcome; they require a showing of especially reckless behavior and are subject to judicial discretion.

Florida’s dram shop law (Florida Statute § 768.125) provides another avenue worth evaluating. Under this statute, an alcohol-serving establishment can be held liable if it served alcohol to a minor or to a person it knew to be habitually addicted to alcohol. Florida’s dram shop law is narrower than in many other states, so whether it applies depends heavily on the specific facts of the case. We can assess every potential source of liability when we review your claim.

Florida’s Modified Comparative Negligence Rule

Florida follows a modified comparative negligence standard under Florida Statutes § 768.81. If you’re found partially at fault for the accident, your compensation is reduced by your percentage of fault. Under changes that took effect in 2023, a plaintiff found more than 50% at fault is barred entirely from recovering damages. In most drunk driving cases, the impaired driver bears the overwhelming share of fault, but if the defense raises this argument, we’re prepared to respond to it directly.

Statute of Limitations for Drunk Driving Accidents

It’s important to understand that personal injury claims in Florida must be filed within a specific time frame, known as the statute of limitations. Under Florida law, an individual has two years from the date of the accident to take legal action for personal injury. If the accident leads to a fatality due to negligence, such as in a drunk driving incident, survivors generally have two years from the date of the decedent’s death to file a wrongful death claim. Missing either deadline can bar you and your family from recovering compensation, regardless of how strong the evidence of the driver’s fault may be.

Why Cape Coral Residents Trust Lusk, Drasites & Tolisano

Our roots in Cape Coral go back to 1982, making us one of the longest-established personal injury firms in the area. From the beginning, we built this practice on a willingness to take on large corporations and well-resourced defense firms that other local attorneys avoided. That posture hasn’t changed.

As a full-service firm, we can handle every aspect of a drunk driving claim under one roof, including related matters such as wrongful death claims, without requiring you to retain separate counsel. Our car accident lawyers work vigorously on behalf of drunk driving victims. While we aim to settle every case efficiently, we’re not afraid to advocate for your rights in the courtroom if a fair resolution can’t be reached.

Personal injury cases, including drunk driving accident claims, are handled on a contingency basis with free initial consultations. You don’t owe us anything unless we recover compensation for you.

Contact our attorneys for a free consultation today Call us toll-free at (239) 908-4930.