Drunk Drivers and Civil Cases in Florida

Among Gen Zers, alcohol consumption increases by over 60 percent during the holidays. Some people drink to celebrate, some people drink to make family get-togethers less confrontational, and some people just drink. Too many of these people get behind the wheel, thereby recklessly putting themselves, their passengers, and other motorists at risk for serious injury. Alcohol is a factor in about a third of the fatal car crashes in Florida.

If an intoxicated or impaired motorist (we outline the difference between these two I-words below) causes injury, a Tampa personal injury lawyer can usually obtain significant compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A third party, such as a commercial alcohol provider, is normally financially responsible for these damages.

Intoxicated Drivers

The Good Samaritan went out of his way to help an injured traveler. Similarly, Florida law imposes a duty of care on all drivers to avoid injuring someone else, even unintentionally injuring someone else.

The extent of this duty of care varies. In the case of an intoxicated motorist, the DUI law establishes the standard of care. This doctrine (negligence per se) applies if:

• Authorities cite the tortfeasor (negligent driver) for a penal safety law violation (i.e. a non-traffic ticket offense), and
• That violation substantially causes injury.

Alcohol-related crashes often have several contributing factors, such as bad weather. However, in most cases, driver error substantially causes the crash.

Negligence per se usually does not apply if the violation was excused. This doctrine does apply regardless of the outcome in criminal court. The tortfeasor may “beat” the DUI, but a civil jury can still apply negligence per se because it’s a separate proceeding.

Compensation is usually higher in intoxication cases. In fact, additional punitive damages are often available in these matters. These tortfeasors know they shouldn’t get behind the wheel. Therefore, they intentionally disregard the safety of other people.

Impaired Drivers

Two or three drinks is enough to make most people legally intoxicated. But the impairing effects of alcohol, such as poor judgment and slow motor skills, begin after the first drink. When judgment abilities and reaction times are even slightly impaired, the tortfeasor is in no shape to make fast, accurate decisions and react quickly to changing situations. In other words, these people are in no condition to drive.

Usually, a Tampa personal injury lawyer uses circumstantial evidence to establish alcohol impairment. This circumstantial evidence usually includes:

• Point of departure (e.g. the tortfeasor just left a Christmas or New Years party where alcohol was available),
• Erratic driving before the wreck,
• Physical symptoms of alcohol consumption, such as bloodshot eyes, and
• Statements the tortfeasor made to anyone about alcohol consumption, driving ability, or another relevant topic.

The burden of proof in a civil case is only a preponderance of the evidence (more likely than not). So, a little evidence goes a long way.

Departure point is a good example. No one may have seen the tortfeasor drink at the party, but if alcohol was available, it’s more likely than not that the tortfeasor consumed at least a little.

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Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced personal injury lawyer in Tampa, contact Kobal Law. Virtual, home, and hospital visits are available.

Source:

insurancecanopy.com/holiday-drinking-statistics