In the state of Florida, the issue of drunk driving poses significant legal and safety challenges. The effects of impaired driving extend beyond the involved parties, impacting families and communities. Understanding Florida’s drunk driving laws and dram shop liabilities is crucial for victims seeking justice and compensation. Understanding Florida’s drunk driving laws and dram shop liabilities is crucial for victims seeking justice and compensation.
Parrish & Goodman, Attorneys at Law, explains these laws, addresses when a dram shop may be held liable for drunk driving accidents, and highlights how we can assist victims in securing their rightful compensation.
Understanding Florida’s Drunk Driving Laws
Title XXIII, Chapter 316, Section 193, defines driving, for the purposes of DUI, as “driving or in actual physical control of a vehicle.” For example, someone sitting in the driver’s seat with the keys in the ignition would probably be considered in “actual physical control” of the car, while someone lying down in the back seat would not be.
In Florida, driving under the influence (DUI) is a serious offense defined by having a blood alcohol concentration (BAC) of 0.08% or higher for drivers age 21 and older. For those under 21, any detectable BAC level is considered illegal. The state employs strict penalties for DUI offenses, ranging from hefty fines and license suspensions to incarceration, especially for repeat offenders or those causing injury or death while driving under the influence.
Victims of drunk driving accidents often face physical, emotional, and financial hardships. Fortunately, Florida law allows victims to pursue personal injury lawsuits against drunk drivers to seek compensation for medical expenses, lost wages, pain, and suffering.
Florida Dram Shop Laws
Dram shop laws hold establishments liable for serving alcohol to visibly intoxicated individuals or to minors who subsequently cause harm. In Florida, these laws are particularly relevant when a patron leaves a bar or restaurant, intoxicated, and causes an accident.
Florida Statutes Section 768.125 outlines the circumstances under which dram shop liability can arise. For an establishment to be held liable in a dram shop case, the following conditions generally need to be met:
- Service to a Minor or Visibly Intoxicated Guest: The establishment knowingly served alcohol to a minor or a guest who appeared to be intoxicated.
- Causation: There must be a clear link between the server’s actions (serving alcohol) and the resulting accident or injury.
- Injury: The plaintiff must demonstrate that they suffered injury or damage due to the accident caused by the intoxicated individual.
Instances of Dram Shop Liability
Dram shop liability can be complicated and depends on various factors. Here are some situations where a dram shop may be held liable for a drunk driving accident:
- Serving a Minor: If the bar or nightclub serves alcohol to an underage patron who then drives and causes a collision, the establishment may be responsible for the resulting injuries.
- Continued Service to Intoxicated Patrons: If a bar continues to serve a clearly intoxicated patron and that patron subsequently causes an accident, the establishment may be held liable. Evidence such as witness testimonies, CCTV footage, and bartender notes can play a crucial role in establishing this.
- Over-Serving Practices: Complex cases may arise where an establishment has a history of over-serving patrons, suggesting negligence in handling the well-being of its customers.
How Parrish & Goodman Can Help
If you or a loved one has been injured due to a drunk driving accident, seeking legal counsel is a vital first step toward recovery. Parrish & Goodman, Attorneys at Law, have extensive experience in handling personal injury cases related to drunk driving and dram shop liability. Our dedicated team can assist you with:
- Case Evaluation: We will assess the circumstances of your case to ensure that you have paths for pursuing compensation, whether that involves pursuing claims against the intoxicated driver, the dram shop, or both.
- Building Your Case: Our attorneys will gather evidence, witness statements, and expert opinions to build a strong case on your behalf.
- Negotiation and Litigation: If settlements cannot be reached, our skilled trial attorneys are experienced in representing cases in court to help secure the compensation you deserve.
FAQs About Drunk Driving Accidents and Dram Shop Liability
What should I do immediately after a drunk driving accident?
Ensure your safety and the safety of others. Call 911 to report the accident, seek medical attention if needed, and collect evidence (photos, witness information).
Can I sue a bar or restaurant for my injuries?
Yes, if you can establish that the establishment served alcohol to a visibly intoxicated person or to a minor who subsequently caused an accident.
How long do I have to file a personal injury claim in Florida?
In Florida, the statute of limitations for personal injury claims is typically two years from the date of the accident.
What types of damages can I claim in a drunk driving accident?
You may claim medical expenses, lost income, pain and suffering, and in some cases, punitive damages.
Will my case go to trial?
Many personal injury cases settle out of court. However, if a fair settlement cannot be reached, our team is prepared to litigate your case at trial.
Florida Car/Auto, Boat, Motorcycle, and Truck Accident Attorneys
Navigating the complexities of drunk driving laws and dram shop liability in Florida can be daunting. However, with the right legal support, you can pursue the justice and compensation you deserve. At Parrish & Goodman, we are committed to fighting for the rights of victims affected by drunk driving incidents. If you have questions or need assistance, don’t hesitate to reach out for a consultation. Your journey to recovery starts here.
