Injury or death caused by a drunk driver is perhaps the most upsetting and anger-provoking of all kinds of personal injury cases. The thought of an innocent victim suffering serious or fatal injury at the hands of an irresponsible individual can evoke outrage among members of the community. At Wieder Law, we aggressively pursue claims against irresponsible drinkers and the bars, nightclubs, and restaurants that improperly serve them. According to the National Highway Transportation Safety Administration, drunk drivers injured more than 250,000 individuals during 2005. Although the law can never replace a loved one, it does provide means of recovery for victims. Victims can sue the drunk driver under the general laws of negligence, but often the drunk driver is either uninsured or underinsured and has few, if any, assets to support a lawsuit.
Even if there is no way to pursue recovery against the drunk driver, there may be a way to pursue recovery against the person who provided the alcoholic beverage to the drunk driver. People who serve alcoholic beverages may be liable under Florida law for damages resulting from the consumption of alcoholic beverages.Fla. Stat. § 768.125. Liability may be imposed either under specific state laws ("dram shop acts") or under the general law of negligence. Dram shop acts ("dram" was once a common term for "liquor") are laws that impose liability for negligence on the sellers of alcoholic beverages for sales to persons under the legal drinking age or to those who are intoxicated. Florida requires that the bar, liquor store, or restaurant have notice that the person is a habitual drunkard in order to impose liability. Fla. Stat. § 562.50. This rule is different, however, if the intoxicated person is a minor. A liquor store, bar or restaurant may be responsible for any damages caused by a person's drinking if it sold alcohol to a person under the age of 21. Fla. Stat. § 562.11
Liability can attach to "social hosts" as well. A social host is an individual who serves alcoholic beverages in a social setting, such as a home or a party, or as where an employer serves alcoholic beverages at a company. The social host is not required to make sure that no one is consuming more alcohol than they can handle unless the host can reasonably be aware of a problem and prevent it. In Florida, however, the social host cannot be held liable. Dowell v. Gracewood Fruit Co., 559 So. 2d 217 (Fla. 1990)
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident involving a drunk driver, call us now at (305) 371-7111. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.