Who’s Responsible for a Drunk Driving Crash in Florida?
Usually, the drunk driver is at fault for a drunk driving crash. However, under Florida law, a third party, such as a bar or restaurant, may be legally responsible for damages. The dram shop law (more on that below) holds alcohol providers responsible for damages when they illegally sell alcohol to people who later cause car crashes. Basically, restaurants and bars can prevent most alcohol-related wrecks, simply by acting responsibly.
When alcohol providers, and other people or entities, refuse to act responsibly, a Tampa personal injury lawyer must step into the picture. A lawyer diligently builds a strong case in order to negotiate from a position of strength during settlement talks. As a result, a Tampa personal injury lawyer obtains maximum compensation for serious injuries.
Alcohol Consumption and Driver Negligence
If emergency responders cited the tortfeasor for DUI, the tortfeasor could be liable for damages as a matter of law. The negligence per se shortcut applies if:
Proving driver negligence is the first step toward establishing third-party liability. Alcohol impairment begins with the first drink, long before most people are legally intoxicated. This impairment has mental and physical effects. Alcohol clouds judgement and restricts motor skills, making it impossible to safely operate a motor vehicle.
- Driver’s Previous Stops: If the tortfeasor was recently at a place, such as a bar or party, where alcohol was available, it’s more likely than not that the tortfeasor had at least one drink at that place. Attorneys often use business receipts or witness statements to further establish consumption.
- Physical Symptoms: Physical symptoms of alcohol consumption include bloodshot eyes, unsteady balance, and unsteady balance. Lots of things could cause these symptoms. Fortunately for victims, because of the low burden of proof in civil cases (more on that below), the whole of this evidence is greater than the sum of its parts.
- Driver’s Statements: As mentioned, alcohol impairs judgment. The trauma of a car accident impairs judgment as well, mostly because car accidents cause head injuries. The combination of mental impairments often prompts alcohol-soaked tortfeasors to say things they later wish they didn’t say.
If emergency responders cited the tortfeasor for DUI, the tortfeasor could be liable for damages as a matter of law. The negligence per se shortcut applies if:
- The tortfeasor broke the DUI law or any other safety law, and
- That infraction substantially caused injury.
There’s a difference between a substantial cause and a contributing cause. Bad weather or other adverse conditions often contribute to car crashes. But poor conditions almost never substantially cause collisions. Driver error substantially causes more than 90 percent of the car wrecks in Florida.
Third Party Liability
In many states, bars or restaurants may be liable for serving someone who is visibly intoxicated, but Florida’s rule is much narrower.
Under Florida Statute §768.125, a person who sells or furnishes alcohol is generally not liable for injuries caused by the drinker’s intoxication. However, there are two important exceptions:
- Serving a Minor: If a vendor knowingly serves alcohol to someone under 21, it may be held liable for damages caused by that minor’s intoxication.
- Habitual Addiction: If vendors knowingly serve customers they know to be habitually addicted to alcohol, and that person causes injury, the vendor may also be liable.
The legal threshold is high. Fortunately, the standard of proof in a negligence case is only a preponderance of the evidence (more likely than not). So, a little evidence, such as prior alcohol purchases at that location, goes a long way.
Count on a Dedicated Hillsborough County Attorney
Injury victims need and deserve substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Tampa, contact Kobal Law. The sooner you reach out to us, the sooner we start working for you.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.125.html
