Fatal Alcohol-Fueled Wreck in Tampa
According to investigators, a 28-year-old man’s BAC level was 1.5 times the legal limit when he struck multiple vehicles on the North Dale Mabry Highway, killing one woman instantly.
Officials say the woman was a passenger in a Volkswagen Jetta that was stopped at a red light on North Dale Mabry Highway at Spruce Street. According to police, the man, who was driving a Chrysler Pacifica, did not stop for the light and struck the Jetta, causing it to overturn. Police say the Pacifica also struck a Chrysler Town and Country, which was already stopped at the light. The woman died at the scene. Three other passengers in the Jetta were transported to an area hospital with serious injuries.
The man now faces multiple criminal charges, including DUI manslaughter, in Hillsborough County criminal court.
First Party Liability
If emergency responders issue a DUI-related citation, a Tampa personal injury lawyer can use the negligence per se shortcut to obtain damages as a matter of law. This shortcut applies if:
- The tortfeasor (negligent driver) violated a safety law, and
- That violation substantially caused injury.
Damages in a negligence per se case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, especially in extreme cases, like a high BAC content crash claim.
The negligence per se doctrine is usually a presumption of liability in Florida. Therefore, a Tampa personal injury lawyer must normally present additional evidence.
In a DUI collision case, this additional evidence, which could also build an ordinary negligence claim, includes:
- Erratic driving before the crash,
- Physical symptoms, such as bloodshot eyes,
- Tortfeasor’s statements about alcohol consumption, and
- Tortfeasor’s prior schedule (i.e. had s/he been someplace that served alcohol before s/he got behind the wheel).
Individually, this evidence doesn’t prove much. But the burden of proof in a civil claim is a preponderance of the evidence (more likely than not). So, the body of circumstantial evidence is greater than the sum of its parts.
The aforementioned compensation is also available if the tortfeasor was impaired, as opposed to intoxicated. Alcohol impairment, which includes slow motor skills and clouded judgment, begins at the first drink. The duty of care requires motorists to be in top shape, physically, mentally, emotionally, and otherwise, when they drive anywhere.
Third Party Liability
If a bar, restaurant, or other commercial provider knowingly served a person who was habitually addicted to alcohol, that entity could be vicariously liable for car crash damages. The dram shop law also applies in other alcohol-related injury cases, such as physical assaults and sexual assaults.
The aforementioned physical symptoms could prove habitual impairment, especially since the burden of proof is so low. Other evidence on this point includes prior purchases at that establishment and the tortfeasor’s statements to restaurant employees. You’d be surprised what people tell their bartenders.
Party hosts, like Fourth of July party hosts, could also be vicariously liable for alcohol-related injuries, under a theory like negligent undertaking.
Vicarious liability is very important in alcohol-related crash claims. Usually, the damages are very extensive, and most individual tortfeasors don’t have enough insurance to cover them fully.
Contact a Diligent Hillsborough County Lawyer
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:
fox13news.com/news/suspected-drunk-driver-arrested-following-deadly-dale-mabry-crash
