With the holiday season upon us comes lots of food, fun, good cheer – and many opportunities for drinking, partying and driving. Unfortunately, there are some people who drink too much. Accidents that involve drinking and driving spike at this time of year, according to the National Highway Traffic Safety Administration (NHTSA). In fact, the number of fatalities rises 25% on an average day during the holiday season, and as much as 50% over the New Year’s holiday.
If you are involved in an accident caused by someone who is impaired by drugs or alcohol in the state of Florida that person is held responsible for all damages incurred. That is obvious to most people. Fewer people realize that in this scenario they are also considered a victim of a criminal act under our state law.
Obviously, drunk drivers are responsible for all damages incurred when they cause an accident. In addition, since Florida does not require mandatory insurance for car owners, there may be another defendant that you can recover money and damages from. Who is that? The person or restaurant who served the drinker the alcohol, that’s who.
According to Florida Statute 768.125 “Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.” – http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.125.html
It is usually simple proving a defendant served alcohol to a minor. However, it often takes a lot more work to prove a defendant served alcohol to a habitual drunk. Several of the points you must prove are:
- how long the person has had an alcohol problem
- the frequency of their drinking
- how often the person frequents the establishment
- how much contact and their behavior with the employees of the establishment that night, and before
- what was the person’s specific behavior and alcohol consumption on the night of the incident.
These are just a few of the important questions that your attorney must get answers to for you to have a chance at winning a case against the person or establishment that served the drunk driver. You need to hire a law firm with lawyers who have the experience and knowledge combined with the dogged determination to get all the information to help you win your case.
If you or a person you care about gets injured in an accident caused by a drunk driver or you simply have a question about a potential personal injury situation that you have not yet had answered, call us now at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.
At Slinkman, Slinkman, & Wynne, we know that drunk driving accidents happen all the time. If you are in an accident because of the negligence of another driver, or the establishment who overserved that person, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Slip and Fall, Defective Products, and many other types of legal situations where injury or death has occurred.
Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.
Contact us directly at (561) 686-3400, or via email at email@example.com.