drunk driving accident attorney

Published on: December 6, 2017

Holiday Drunk Driving Accidents Have Tragic Consequences

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: November 29, 2016

Dram Shop Lawsuit Seeks Bartender Accountability for Fatal Florida DUI

By Dean Freeman

The brother of a Central Florida man killed in a DUI accident is suing two bars and their employees for serving alcohol to a man who was known to be habitually addicted – the same man who after leaving those establishments got behind a wheel drunk and killed his brother.

The claim is based on Florida’s dram shop law, which is codified in F.S. 768.125. Florida’s dram shop liability law is less favorable to plaintiffs than statutes in other states, but it does allow compensation under a certain set of circumstances. Although there are some states in which bars, restaurants and other places that serve alcohol can be liable just for serving to someone who appears to be intoxicated, Florida only allows liability in DUI cases where:

The driver was served alcohol despite being under the age of 21;
The driver was known to be habitually addicted to alcohol.

Both scenarios of course assume that the injury or damage was caused by or resulted from the intoxication of such a minor or person. Continue reading →