drunk driving injury lawyer

Published on: April 6, 2018

Exploring Third-Party Liability in Florida Drunk Driving Injury Lawsuits

Drunk driving remains one of the leading causes of serious car accidents resulting in injury or death. Florida is a no-fault state when it comes to auto insurance, but if you meet the “serious injury threshold,” as outlined in F.S. 627.737, you can collect more than just personal injury protection (PIP) benefits by pursuing action against the at-fault driver. What many drunk driving victims don’t realize is that in addition to this, they may have the option of a third-party liability claim.

While it’s true drunk drivers are generally the only ones criminally charged, civil liability is different. Third parties can be accountable in civil court for the negligence and even criminal conduct of someone else if they breach a duty of care that in turn allowed the injurious incident to occur.

In Florida drunk driving cases, such third party defendants may include: Continue reading →

Published on: October 30, 2017

Pursuing Third-Party Liability in Drunk Driving Accidents

By Dean Freeman

When asked who is responsible for drunk driving accidents in Florida, the most logical answer is: The drunk driver. This is true, of course, but this may not be the only individual or entity responsible.

There are several ways we might establish a third-party liable to pay for the actions of a drunk driver. These might include:

Vicarious liability. This is when another person/ or entity may not have been negligent, but can be held liable vicariously via the negligence of the impaired driver. One example would be if the driver was acting in the course and scope of employment at the time of the crash. The doctrine of respondeat superior allows for vicarious liability when negligent drivers are working. The second would be the vicarious liability of the vehicle owner, if it was someone other than the vehicle driver. This won’t apply to rental car companies, but it can apply in other cases.
UM/UIM coverage. This is insurance for which you pay that provides additional coverage when the at-fault driver either doesn’t have insurance or lacks enough insurance to fully cover the cost of your damages.
Dram shop liability. Florida has a limited dram shop liability statute in F.S. 768.125. It states those who sell or furnish alcoholic beverages to another won’t be liable for injury or damage caused by or resulting form intoxication of that person UNLESS the drunk driver was under 21 or known by third party defendant to be habitually addicted to any or all alcoholic beverages.

There could be other causes of action too, but it will be case specific, which is why input from an experienced drunk driving accident attorney in Orlando is imperative. Continue reading →

Published on: November 29, 2016

Dram Shop Lawsuit Seeks Bartender Accountability for Fatal Florida DUI

By Dean Freeman

The brother of a Central Florida man killed in a DUI accident is suing two bars and their employees for serving alcohol to a man who was known to be habitually addicted – the same man who after leaving those establishments got behind a wheel drunk and killed his brother.

The claim is based on Florida’s dram shop law, which is codified in F.S. 768.125. Florida’s dram shop liability law is less favorable to plaintiffs than statutes in other states, but it does allow compensation under a certain set of circumstances. Although there are some states in which bars, restaurants and other places that serve alcohol can be liable just for serving to someone who appears to be intoxicated, Florida only allows liability in DUI cases where:

The driver was served alcohol despite being under the age of 21;
The driver was known to be habitually addicted to alcohol.

Both scenarios of course assume that the injury or damage was caused by or resulted from the intoxication of such a minor or person. Continue reading →

Published on: December 17, 2015

$15 Million Fatal Crash Dram Shop Lawsuit Award Affirmed

By Dean Freeman

The Alabama Supreme Court affirmed a $15 million dram shop verdict in favor of four plaintiffs – three seriously injured and the mother of one killed – in a drunk driving accident eight years ago.

Decedent was a 13-year-old boy. Two older teen passengers were seriously injured, as was the teen driver.

The 19-year-old behind the wheel had purchased liquor from a local convenience store that had a reputation among youth for selling booze to underage consumers. The crash, which occurred in Tuscaloosa, occurred when driver careened off the road and struck a tree. Although the passengers were wearing their seat belts, the sheer force of impact caused them to be ejected anyway.

The case was significant for a few reasons. First, it is believed to be the largest dram shop lawsuit verdict affirmed by that state’s supreme court ever. Secondly, it affirms the fact that punitive damages – which are intended to punish a wrongdoer for egregious or especially reckless actions – can be sought even a plaintiff is comparatively at-fault (as the driver was in this case). It also allows that punitive damages to be determined on a per-plaintiff basis, rather than as a whole and then divvied up. Finally, it affirms the right of dram shop plaintiffs to pierce the corporate veil in order to hold business owners personally liable for such damages, which combined with the hefty punitive damages creates a substantial incentive to prevent such action in the future. Continue reading →

Published on: July 24, 2015

Drunk Driving Tackled by Government Tech Researchers

By Dean Freeman

Ignition interlock technology has rapidly gained popularity within court systems nationwide as a way to hold convicted drunk drivers accountable when they are once again granted driving privileges.

But government researchers want to take it a step further. They are looking to implement alcohol detection systems that would be available in vehicles for an added upfront fee. While it wouldn’t be mandatory (yet) and drivers would have to pay extra, researchers say many drivers would welcome the opportunity to purchase technology that could save them a lot of heartache – and money.

The two systems being developed by the government-funded Driver Alcohol Detection System for Safety (DADDS) focuses on detection of a driver’s blood-alcohol concentration through either breath or touch.

Continue reading →