the devastating dangers of drunk driving

Every day in America 29 people lose their lives due to drunk driving accidents. According to the Centers for Disease Control and Prevention (CDC), about one in three traffic deaths in the United States involve a drunk driver. Consequently, over 10,000 deaths in America were related to drunk driving in 2017. That year, 839 deaths in Florida were due to drunk driving according to the National Highway Traffic Safety Administration (NHTSA).

At lowercase, the experienced attorneys on our team know how important it is to protect the innocent victims of drunk driving. We are committed to fighting for those who’ve been injured in drunk driving accidents. Our personal injury lawyers understand the complexities of both car accidents and truck accidents that involve impaired drivers, and we know how to negotiate with insurance providers. If you or someone you love is hurt due to a drunk driver, call lowercase today at 833-LOW-FEE5 (833-569-3335) and us let work for the justice you deserve.

next steps after an alcohol-related collision

Drunk driving accidents can be horrific and life-altering experiences. The consequences of such incidents can be felt for years, even for those who do not sustain serious injuries. Needless to say, it is easy to understand why those who survive crashes with intoxicated drivers don’t know how to react in the moment. However, what you do following the collision can be crucial to pursuing adequate compensation. Luckily, lowercase has developed a system to help you remember the right steps to take in order to protect yourself.

If you are able, the first thing you should do following an accident is move your vehicle to safety. Once you have done all you can to get out of harm’s way, you can follow these NEXT steps.

lowercase law: NEXT steps graphic

the rule of law in drunk driving accidents

Most people are familiar with terms like Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). Both refer to circumstances when an individual is operating a vehicle under the influence of drugs or alcohol. So what constitutes impaired driving in the state of Florida? Under Florida law, driving under the influence includes:

  • Alcoholic beverages
  • Chemical substances
  • Controlled substances

For those driving drunk, guilt of the crime can be proven by impairment of normal faculties or an unlawful blood alcohol level (BAC) of .08 or above. Many may not realize, but Florida also has an implied consent law. Therefore, if the driver refuses to submit to a chemical test they will automatically be subject to license suspension and a fine. Sadly, most DUI offenders commit this act multiple times. Each time, the length of the suspension or the amount of the fine increases.

Those responsible for drunk driving accidents are guilty of negligence. As a result, the law protects victims who suffer serious injury or loss of a loved one in alcohol-related accidents. While a victim’s right to compensation is important, it can never undo the physical and emotional pain. If convicted of DUI, the drunk driver can be held liable for to all damages. However, other parties can also be considered negligent or liable.

dram shop law and third party liability

Third parties that can be held negligent or liable in drunk driving accidents include establishments that improperly provide alcohol. Many states have laws that impose liability on:

  • Bars
  • Clubs
  • Restaurants
  • Hotels

A business is expected to exercise due care. Thus, they should not serve anyone who is obviously drunk. Even someone outside of such a business may incur liability for supplying liquor to a driver who subsequently has an accident that injured or killed another. The host of a party may be liable in some states if he or she continues to allow a guest to imbibe after it is obvious the guest is intoxicated.

This is where Florida’s dram shop law comes into play. If the person who caused the accident is found to have a BAC that is higher than the legal limit, the victim can also file a lawsuit against an establishment that provided alcohol to the person responsible for the accident if he or she is:

  • Under 21 years of age
  • Considered “habitually addicted” to alcohol

Granted, holding third parties accountable for drunk driving accidents under the dram shop law is not always an easy process. Therefore, every detail of the case counts. Every piece of evidence should be reviewed by an experienced personal injury attorney who knows how to build a strong case to obtain a justified settlement.

why you need an attorney

The last thing you should be focused on following a devastating crash with a drunk driver is fighting lawyers and insurance companies. The job of a lowercase attorney is to make sure we exercise every opportunity to prove you are entitled to compensation. This means following through on complicated aspects of each case, such as:

  • Investigating the details of the accident
  • Collecting police reports with vital information about the crash
  • Gathering evidence, including medical records, witness statements and records of damages to vehicles
  • Negotiating with the insurance company to honor your claim
  • Pursuing punitive damages

Our top attorneys represent the best interests of every single client. We approach every individual with the utmost respect and compassion while applying the legal expertise necessary to help you win what is right for you and your family. Regardless of whether the accident is major or minor, we encourage anyone involved in an accident with an intoxicated driver to seek experienced legal representation.

call us today

A lowercase personal injury attorney is here to help you during the road to recovery. We work hard to make sure that you receive the compensation you are entitled to, and that justice is served for the victims and families of those injured in drunk driving accidents. Call us today at 833-LOW-FEE5 (833-569-3335) for a free consultation.

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