Articles Posted in Drunk Driving Victims

At bars and nightclubs across the Sunshine State, patrons are subjected nightly to challenges such as “Bladder Buster,” “Sink or Swim” and “Penny ’til you Pee.”

All of these are different variations of “extreme” drink specials that many other states have seen fit to ban – not only because they put patrons in danger of alcohol poisoning, but also because it increases the risk that one or more of those patrons will venture onto the roadways while extremely intoxicated.

Unfortunately, the reason why these specials are so popular here is because there is no law specifically banning them. When it comes to civil liability, victims of drunk drivers can sue establishments that served alcohol to the impaired motorist, but only in certain situations.
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Florida dram shop liability laws exist so that those harmed by drunk drivers may collect damages from entities that knowingly served alcohol to minors or people known to be habitually dependent on alcohol. Dram shops are any establishment that serves alcoholic beverages to the public.

In addition to allowing an avenue of recovery for victims of drunk drivers, F.S. 768.125 is intended to deter bars and restaurants from simply selling as much alcohol as possible to whomever without regard for the consequence to the public.

The law holds businesses accountable under one of two conditions:
–Drunk driver was not yet of legal age to consume alcohol (21) and the bar employees knew or should have known this fact;
–Drunk driver was habitually addicted to alcohol and bar staff knew or should have known this fact.
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DUI ignition interlock devices are effective at driving down recidivism rates among impaired driving offenders – but only so long as they are installed. Those rates begin to creep back up as soon as the devices are uninstalled.

This is according to a new report by The Florida Legislature Office of Program Policy Analysis and Government Accountability, which recommends the state expand its ignition interlock program to encompass all first-time DUI offenders, as well as imposition for extended duration. The report also looks at how we might address problems with the program, such as the fact that only about half of those required to install the device actually do so.

According to researchers, there were 50,377 drivers arrested in Florida for drunk-driving in 2013. Most typically have their driver’s license revoked for six months or more upon conviction.
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There tends to be a lot of grumbling when people hear about enhanced police patrols, particularly on or around holidays. The general consensus is often something along the lines of, “Why would they want to give out more tickets on Christmas?”

Now, a new study supports this kind of enhanced law enforcement action as a means of not just “meeting a quota,” but rather effectively reducing instances of impaired driving, speeding and crashes.

Senior Research Scientist Jim Fell with the Pacific Institute for Research and Evaluation focuses his efforts primarily on underage drinking and impaired driving. One of his recent studies involved examining which laws and enforcement efforts were most effective in convincing people not to drink and drive.
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On Christmas night three years ago, two cars collided on a roadway in Largo, Florida, killing two men, critically injuring a third and seriously wounding a fourth. The at-fault driver, who lost control of his vehicle and swerved into oncoming traffic, was drunk, according to authorities.

Right next to the crash scene was a memorial road sign that read, “Don’t Drink and Drive.” The sign was placed in memory of two teens killed in a crash almost exactly six years before – on Dec. 28, 2005. The driver at fault in that case also was drunk.

December is an especially dangerous time for motorists, pedestrians and bicyclists in Florida. We already have one of the highest rates of roadway fatalities in the country, particularly for those not traveling in traditional vehicles. Combine that with the fact that December brings a higher-than-average number of travelers and a greater incidence of drunken driving, and the statistics are inevitably bleak.
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Florida voters are slated to decide in November whether to approve an initiative that would legalize marijuana for medicinal purposes for residents of the Sunshine State.

Both sides have been vigorously campaigning on the issue, with the opposition recently citing a statistic indicating passage of this measure would mean more impaired driving deaths on our roadways. A coalition known as Don’t Let Florida Go To Pot recently published a statement on its website indicating that 1 out of every 4 traffic deaths involves marijuana.

Our Fort Myers car accident injury lawyers know regardless of whether Amendment 2 passes, driving impaired will always be against the law. Those who are injured or have loved ones killed by a person who flagrantly ignores these risks are entitled to compensation, and we will fight aggressively in the pursuit of justice.
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Florida, like a host of other states, has given the option to drunk driving victims in certain cases to pursue civil litigation against individuals or establishments that illegally served alcohol to the driver who caused their injuries.

Lehigh Acres drunk driving accident attorneys recognize that this presents the chance to seek compensation from bars, restaurants, liquor stores and even parents and social hosts – and their insurers – in addition to the person who was driving drunk. It’s an important provision that may go a long way in bolstering the amount of recoverable damages. It also serves the important function of deterring individuals from serving alcohol to minors or those known to be habitually addicted.

However, these statutes are not without limitation, so it’s imperative that drunk driving accident victims consult with an experienced attorney before deciding how best to proceed.
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