Drunk Driving Accidents

Published on: December 12, 2018

Drunk Car Hit Me in Fort Lauderdale? Now What?

Occasionally our Fort Lauderdale car accident attorneys are asked, “A drunk car hit me? Now what?”

First we need to clarify: While the car may have been the object that struck you or your vehicle, it was in fact the driver who was impaired. It is also the driver who would be held accountable if you’re asking what to do if a “drunk car hit me.”

The good news is Florida law enforcement officials launch regular crackdowns on drunk drivers over holiday weekends – necessary because drunk driving accidents in Florida tend to be higher over these high travel periods. NBC-2 in Cape Coral-Fort Myers on Florida’s Gulf Coast announced numerous police departments plus the Lee County Sheriff’s Office would be launching their own, Drive Sober or Get Pulled Over” campaign over the recent Thanksgiving holiday weekend, a national effort repeated by law enforcement agencies across the country. Heightened enforcement has been shown to reduce drunk driving crashes, injuries and wrongful deaths in Florida, but of course they don’t eliminate them entirely.

The U.S. Centers for Disease Control and Prevention report 2.1 percent of Florida drivers admit to driving after having too much to drink, higher than the national average of 1.9 percent. Continue reading →

Published on: August 30, 2018

Split Court Rules No School Liability for DUI Crash Death After Shots With Coach

By Dean Freeman

Following the death of a high school basketball player and her boyfriend in a single-car accident shortly after the pair left the home of her coach, who provided alcohol, the girl’s mother sued the school district for liability. However, the State of Washington Supreme Court ruled in this case, the school district could not be held liable.

Although the court noted the actions of the coach were “so extremely indifferent to the risk of injury to (decedents) that someone must be liable for (plaintiff’s) claims.” However, plaintiff, as the representative of her daughter’s estate, did not choose to bring action against the coach. Instead, she brought a number of claims against the school district for direct liability and vicarious liability for the negligence of its employee. Direct negligence claims included negligent hiring and retention, negligent training and negligent supervision. On these and the vicarious liability claims (for which the negligent employee would have needed to be acting in the course and scope of employment), the court held plaintiff failed to present genuine issues of material fact as to the school district’s liability, and thus the district was entitled to summary judgment as a matter of law.

Before delving further, we should note that Florida’s own dram shop and social liability laws when it comes to drunk driving accidents are rather limited also. F.S. 768.125 holds that a person who sells or furnishes alcohol to someone of lawful drinking age OR who is not known to be habitually addicted to alcohol won’t be liable for damages resulting from that person’s intoxication. (Here, both decedents were minors under 21, so it may have been possible to hold him personally liable for what occurred, but the question is still whether his employer would have been responsible.) Florida also has an “open house parties” statute, F.S. 856.015, that holds a person who owns or controls a residence may not allow an open house party to occur at the residence if alcohol or drugs are being possessed by people known to controlling party to be a minor and where the person fails to take reasonable steps to prevent the possession or consumption of the alcohol or drugs. A first offense is a second-degree misdemeanor; second offense OR one that results in serious bodily injury or death is a first-degree misdemeanor (punishable by up to one year in jail). In addition to a criminal conviction, one could be found negligent per se (meaning automatically negligent, regardless of whether they acted reasonably). Continue reading →

Published on: April 6, 2018

Exploring Third-Party Liability in Florida Drunk Driving Injury Lawsuits

By Dean Freeman

Drunk driving remains one of the leading causes of serious car accidents resulting in injury or death. Florida is a no-fault state when it comes to auto insurance, but if you meet the “serious injury threshold,” as outlined in F.S. 627.737, you can collect more than just personal injury protection (PIP) benefits by pursuing action against the at-fault driver. What many drunk driving victims don’t realize is that in addition to this, they may have the option of a third-party liability claim.

While it’s true drunk drivers are generally the only ones criminally charged, civil liability is different. Third parties can be accountable in civil court for the negligence and even criminal conduct of someone else if they breach a duty of care that in turn allowed the injurious incident to occur.

In Florida drunk driving cases, such third party defendants may include: Continue reading →

Published on: March 12, 2018

City Pays $20 Million for Fatal DUI Crash Caused by Off-Duty Cop

By Dean Freeman

Almost any employer – including government agencies – can be held vicariously liable for the negligence of their employees when those acts or omissions in question occur in the course and scope of employment. However, in a case out of Chicago, the city has agreed to pay $20 million – $10 million each – to the families of two men killed in a fatal DUI accident involving an off-duty city police officer.

The Chicago Tribune reports the city council was embroiled in a fierce debate over the settlement negotiations that followed the families’ wrongful death lawsuits because of concern it would open the city up to liability for a range of wrongful acts committed by employees in their free time. Ultimately, there were two factors that swayed them:

The families’ allegations (and supporting evidence) that the police department protected this particular officer in previous incidents of wrongdoing, declining to arrest or punish him for alleged crimes. This, the families say, led the officer to reasonably believe he could break the law with impunity.
The assertion by the plaintiffs’ attorneys that if the case were to be decided by a jury, the damage award could conceivably be much higher.

Continue reading →

Published on: December 6, 2017

Holiday Drunk Driving Accidents Have Tragic Consequences

By Dean Freeman

Four years ago on Christmas Eve, a 50-year-old bank branch manager, husband and father of two, spent the evening wrapping and delivering gifts before heading to a co-worker’s holiday party. There, he drank some alcohol. And then a little more. And then he got behind the wheel of his car to head home. However, before he could make it to his destination, he slammed into another vehicle while traveling the wrong direction on Parks Boulevard in Largo. All three occupants of that vehicle – a couple married 63 years and their 58-year-old daughter – a wife and mother herself – were killed.

Last year, just before Christmas Eve, that former bank manager with no prior criminal record was sentenced to 23 years in prison for DUI manslaughter after negotiating a plea deal. He faced up to 45 years if convicted by a jury.

Although it can be difficult to feel much sympathy for those who choose to get behind the wheel of a vehicle drunk, there is no denying that situations like this are tragic all around. We highlight this case, as reported by the Tampa Bay Times, because they underscore the fact that drunk drivers aren’t necessarily “bad” people; rather, they are individuals who made a very poor choice, often misjudging their ability to safely operate a vehicle. It’s especially important to talk about drunk driving at this time of year because there are so many holiday parties, vacations and gatherings happening – and many of those will involve alcohol. Responsibly making prior arrangements for transportation is key. Continue reading →

Published on: October 30, 2017

Pursuing Third-Party Liability in Drunk Driving Accidents

By Dean Freeman

When asked who is responsible for drunk driving accidents in Florida, the most logical answer is: The drunk driver. This is true, of course, but this may not be the only individual or entity responsible.

There are several ways we might establish a third-party liable to pay for the actions of a drunk driver. These might include:

Vicarious liability. This is when another person/ or entity may not have been negligent, but can be held liable vicariously via the negligence of the impaired driver. One example would be if the driver was acting in the course and scope of employment at the time of the crash. The doctrine of respondeat superior allows for vicarious liability when negligent drivers are working. The second would be the vicarious liability of the vehicle owner, if it was someone other than the vehicle driver. This won’t apply to rental car companies, but it can apply in other cases.
UM/UIM coverage. This is insurance for which you pay that provides additional coverage when the at-fault driver either doesn’t have insurance or lacks enough insurance to fully cover the cost of your damages.
Dram shop liability. Florida has a limited dram shop liability statute in F.S. 768.125. It states those who sell or furnish alcoholic beverages to another won’t be liable for injury or damage caused by or resulting form intoxication of that person UNLESS the drunk driver was under 21 or known by third party defendant to be habitually addicted to any or all alcoholic beverages.

There could be other causes of action too, but it will be case specific, which is why input from an experienced drunk driving accident attorney in Orlando is imperative. Continue reading →

Published on: August 30, 2017

Enforcing Collection of Damages in DUI Lawsuit

By Dean Freeman

Most are familiar with the concept of hiding assets in the midst of a divorce. We don’t often hear about hidden assets in personal injury lawsuits, but that’s because the majority of defendants aren’t independently wealthy. Mostly, claims for injury as a result of DUI or other negligence behind the wheel is covered by auto insurance companies. That’s not to say individuals can’t legally be held personally liable for damages over and above that amount, but it often makes little sense to pursue it when defendant has few assets anyway.

However, debts for personal injury caused while driving under the influence is not dischargeable under U.S. Bankruptcy Code Section 523(a)(9). That means if a court has ordered defendant to pay plaintiff a sum in compensation for DUI injuries, that debt can’t simply be wiped clean by bankruptcy, as so many other debts can be. Still, collecting this compensation directly from a drunk driving defendant can be a challenge.

In a recent Palm Beach County DUI lawsuit, an 82-year-old Uber driver killed in a September crash, and defendant’s insurer now accuses defendant of hiding assets to avoid paying insurance claims benefiting the family’s estate. Continue reading →

Published on: August 23, 2017

Florida Dram Shop Liability Holds Bar Owners Accountable (Sometimes)

By Dean Freeman

Prevention of drunk driving doesn’t begin and end with the driver. More than 40 states have statutory provisions that give those injured or survivors of those killed in DUI accidents the right to pursue damage claims against licensed establishments (i.e., bars, restaurants, liquor stores) for serving alcohol to individuals who cause serious injury or death as a result of their intoxication. These are called dram shop laws.

However, there are varying strengths to these statutes. Florida, for instance, has a relatively weak dram shop law in F.S. 768.125. The law only allows liability claims in cases wherein the licensed establishment served to an individual was under the lawful drinking age of 21 and in cases where the establishment knowingly serves a person habitually addicted to alcohol. While it can be fairly easy to establish a case against a vendor that served alcohol to a minor, it can be tougher to prove staffers knew or should have known a person was an alcoholic and served them anyway. That doesn’t mean they aren’t worth pursuing.

Earlier this year, the parents of a former star high school football player who died at age 36 in a drunk driving accident in October filed a dram shop lawsuit against the bar their son went to often. According to the Tampa Bay Times, plaintiffs say their son was at the bar so often, employees there were aware he was an alcoholic, but served him anyway. Continue reading →

Published on: August 16, 2017

Establishing Marijuana Impairment Proves Challenging in Crash Injury Lawsuit

By Dean Freeman

It’s well known that smoking or otherwise consuming marijuana before getting behind the wheel dramatically increases the likelihood of a car accident – even when the dose in question is small. However, proving marijuana impairment is much more difficult than proving intoxication by alcohol. That’s because marijuana remains in one’s system for much longer than alcohol. The effects may have long worn off, but traces of the drug remain days or even weeks after consumption.

Although some states have a legal limit allowable, scientists and medical experts mostly agree these limits are arbitrary, and aren’t necessarily the most accurate markers for determining impairment. Florida does not have a per se limit for drivers when it comes to marijuana.

In car accident civil injury lawsuits, that can be a double-edged sword. If it is believed defendant driver was under the influence, plaintiff attorneys will be tasked with carefully piecing together the circumstantial evidence to show impairment was a causal factor – knowing the presence of the drug in one’s bloodstream in and of itself isn’t proof positive. On the other hand, it will be tougher for defendants to assert plaintiff impairment simply by virtue of the drug’s presence in the body. If a defendant is successful, it could significantly hurt plaintiff’s case in determining both liability and damages. Continue reading →

Published on: August 11, 2017

Florida Appeals Court Reverses Premises Liability Lawsuit After DUI Death

By Dean Freeman

There may be a number of potential legal avenues to explore in civil court following a DUI death in Florida. These can include dram shop liability, vicarious liability (of vehicle owner or employer) as well as claims for uninsured/ underinsured motorist coverage. Premises liability, though, isn’t typically one of them. A recent case tested this theory – and won at trial – but was later reversed by the Florida 4th District Court of Appeal.

Plaintiff in this case suffered a terrible tragedy while on vacation for a church retreat in South Florida with his pregnant wife. While sunbathing near the pool cabana, an intoxicated driver recklessly drove her vehicle into the wall of the cabana, collapsing the structure and killing plaintiff’s wife and unborn child, who was 7 months along.

Plaintiff alleged premises liability for negligence in failure to address a potentially dangerous condition on the property (i.e., lack of protective features around the rear of the cabana that abuts a curve around which drivers were known to speed). Jurors at trial returned a verdict finding the hotel’s negligence was a partial cause of death here. Jurors awarded $24 million in total damages, determining the hotel was 15 percent liable and owed $3.6 million to plaintiff. But the 4th DCA ruled the lower court should have granted defense motion for a directed verdict in this matter. Continue reading →