Drunk Driving Accidents

Drunk Driving Accidents

According to the Centers for Disease Control and Prevention (CDC), every day, 29 people in the United States die in a car accident that involved an alcohol-impaired driver. That is one death every 50 minutes. Drunk driving accidents can be very serious and can result in severe, catastrophic injuries and even death.

What Constitutes Drunk Driving?

In Florida, a driver with a blood alcohol content (BAC) of .08% or higher can be charged with driving under the influence (DUI). For drivers of commercial vehicles, the required BAC for impairment is .04%. For drivers under the age of 21, a BAC of .02% or higher is considered driving under the influence. An impaired driver that causes an accident that results in serious bodily injury or the death of another person can face additional charges.

How Can You Prove the Driver Was Drunk?

The fault of a drunk driver in a car accident can be proven using the same types of evidence that would be used in a criminal case. This evidence includes:

  • Results of a breathalyzer or blood test establishing BAC
  • Failure of a field sobriety test
  • Testimony of witnesses about the driver’s condition at the accident scene (i.e., smelled of alcohol, driving erratically, stumbling).
  • Police dashcam or bodycam video
  • Surveillance videos
  • Any statement made by the driver to the police or any other witnesses at the scene

If a drunk driver decides to plead guilty or is found guilty of a DUI, it may not guarantee liability on the part of the drunk driver, but it can be helpful in any claim against the drunk driver for damages resulting from the accident. Even if the driver is not convicted of DUI, you can still pursue a civil claim.

Dram Shop Law

Florida has a limited statute that allows an injured person to recover damages from someone who sells or furnishes alcohol to someone who causes injury as a result of intoxication. The statute is limited to clubs, bars, and individuals who serve underage drinkers or someone who is habitually addicted to alcohol.

Contact a Florida Injury Lawyer

If you’ve been injured in an accident with a drunk driver, you should consult with an experienced car accident attorney. Gregg Goldfarb has been helping injured Floridians for over 20 years.  Contact us online or call us at 305-374-7000 to schedule a free consultation.

Previous Post
Preparing for Your Consultation With a Personal Injury Attorney
Next Post
Did You Develop Cancer From Using Zantac? Signs and Symptoms to be Aware of
Menu