What If the At-Fault Driver Was Under the Influence In Florida? Your Legal Options

This article covers the following topics:

• How DUI affects who is responsible in a Florida car accident, and the potential impacts on your case
• Understanding when a bar or restaurant can also be held liable
• The critical reasons to speak with a lawyer after experiencing a DUI-related crash

How Does A DUI Impact Liability In A Florida Car Accident Case?

In Florida, if a driver is under the influence, they are usually held responsible for the accident. Picture a scenario where you’re driving home on Flamingo Road at midnight, and a driver with a blood alcohol concentration (BAC) of 0.18 rear-ends you unexpectedly. The stakes in such situations are incredibly high, and the intoxicated driver would typically be at fault. However, there are rare cases where an intoxicated person is not at fault. For example, if a drunk driver is stopped at a red light and another car hits them from behind, the other driver would be at fault.

In that situation, the person who caused the crash is at fault. But in most cases, driving under the influence means the intoxicated driver is responsible.

How DUI Evidence Impacts Criminal And Civil Liability

A DUI is a criminal charge, but it can also lead to a civil case for monetary damages. The criminal and civil cases are separate, but they often affect each other.

The evidence the police collect to prosecute their DUI criminal case can be used in the civil case to prove that the intoxicated driver was breaking a safety rule or rule of the road that contributed to and caused the car accident. For that reason, evidence such as blood alcohol testing and an officer’s observations from the roadside DUI checkpoint is crucial.

Punitive Damages

In DUI cases, there is always the possibility of punitive damages. Punitive damages are awarded when the violating party has some conscious disregard for safety. That extra money is meant to punish reckless, dangerous, and intentional misconduct.

Some auto insurance policies may not cover or may exclude punitive damages. If you’re seeking punitive damages for a DUI, it’s important to review the insurance policy to identify any exclusions. Common exclusions that could apply include ‘intentional acts’ and ‘alcohol-related claims.’ If none of these exclusions are present, it opens the door to pursuing punitive damages in addition to normal compensatory damages. Highlight these potential exclusions within your policy to quickly assess any red flags.

DUIs And Juries

Jurors usually have a strong dislike for DUI drivers because they see them as a danger. If a drunk driver causes an accident, jurors are often upset and may award a higher amount of damages.

Will My Compensation Be Higher Because Of The DUI?

In Florida, your lawyer has to ask the judge for permission to add a claim for punitive damages. Initially, you cannot include these damages when filing the lawsuit. After discovery closes, if you later find enough evidence of reckless or intentional behavior, you can then request the judge to allow the claim for punitive damages to be added. When granted, punitive damages are incorporated into the jury instructions and verdict form. If you establish your case successfully, the jury can award these damages on top of regular compensation.

Punitive damages are usually not part of a settlement. A jury must award them.

Attorney Micah Longo, is a skilled lawyer based in Davie, Florida, who has helped thousands of clients like you navigate the intricacies of personal injury law. With almost two (2) decades of experience, he is prepared to assist you in pursuing your DUI-related claim so that you can get your life back on track and receive maximum compensation, including punitive damages.

Still have questions? Ready to get started? Contact The Longo Firm P.A. today to schedule an initial consultation.

Can I Hold A Bar Or Restaurant Liable Under Florida’s Dram Shop Laws?

Sometimes, bars, restaurants, or anyone serving alcohol can be held responsible if someone they served causes a car accident on the road. However, it’s important to note that successful dram shop liability claims in Florida are quite rare. For instance, a recent study found that such claims are successfully won in only a small percentage of cases. This underscores the importance of having solid evidence to support your case.

Florida’s Dram Laws

There are two (2) main situations where someone serving alcohol can be held responsible. The first is if they knowingly sell alcohol to someone under 21 who then causes an accident. This is why bars and restaurants in Florida should always check and scan IDs.

The second situation is when a bar or restaurant serves someone who:

• They are known to be habitually addicted to alcohol
• Is clearly and visibly intoxicated to the point that NO reasonably prudent person would continue to serve them
• Is subsequently involved in a car crash.

In any DUI crash, it’s important to find out:

• Do you know exactly where the other driver spent their evening? Where did the at-fault driver get drunk?
• * Should the person who served them alcohol have served them or cut them off earlier?

Sources Of Insurance

In serious DUI accident cases, it’s important to look for all possible sources of insurance. Having sufficient coverage or the ability to pay a judgment is key to clients making a full recovery.

Here is a concise three-step checklist to guide your search:

1. Review the driver’s policy to determine the extent of their coverage.
2. Examine any bar or restaurant policies that might be applicable under Florida’s Dram Shop Laws.
3. Assess your own uninsured motorist (UM) coverage to ensure you have additional protection.

For example, if someone is badly hurt and the DUI driver has only minimal insurance and few assets, you need to look for other sources of compensation. This often means going back to see:

• Where did the at-fault driver get their alcohol from?
• Did the server knowingly serve this person?
• How much, according to bar tabs and receipts, did the driver drink?

Imagine someone buys several drinks in a short time, is clearly drunk, and the bar keeps serving them. If that person then causes a deadly crash, the bar or restaurant could be held responsible. A good personal injury lawyer will always look into these details.

Why Is It Critical To Speak With A Lawyer In DUI-Related Accidents?

DUI-related accidents are different from regular accidents. A personal injury lawyer will first check the insurance policies for any exclusions on punitive damages or DUI coverage. You also want to make sure the at-fault driver has insurance you can claim against.

Your lawyer will work with police officers who were at the scene to get important evidence for your case. Today, all Florida police officers use body cameras, and this footage is a key piece of evidence that lawyers can get more easily than someone representing themselves.

If you are in a DUI-related accident, a speeding accident, or a serious crash, contact a personal injury lawyer right away. They have the experience to handle your case and find the best insurance coverage for you. In Florida, personal injury lawyers only get paid if they win money for you. Imagine the relief of knowing your medical bills are covered, and you can focus on recovery and moving forward with your life. Taking action now can help pave the way for a more secure future.

Still Have Questions? Ready To Get Started?

If you want to learn more about drunk driving accidents in Florida, schedule an initial consultation. Call (954) 231-5802 today to get the answers and legal help you need.