DUI Car Accident Lawyers in Brooksville, Spring Hill, and Lutz
Drunk or drugged drivers threaten the safety of others on Florida roads and highways. At Holliday Karatinos Law Firm, PLLC, our Brooksville, Florida auto accident lawyers understand how a motorist driving under the influence (DUI) can cause significant injuries and damage. We have represented crash victims and their families in claims against drivers and others responsible for DUI accidents. Our attorneys are prepared to take on your case and fight for your right to compensation. Contact us if you or a loved one was involved in a DUI accident.
DUI Accidents in Brooksville|Lutz Florida
DUI drivers are a major cause of car crashes both nationwide and in Florida. The National Highway Traffic Safety Administration found that in 2011, nearly 14 percent of drivers in fatal crashes were under the influence of alcohol, drugs, or medication at the time of the crash. Drivers who had a blood alcohol content (BAC) of .08 or more were responsible for almost 9,900 deaths that year. In Florida, 29 percent of traffic fatalities in 2011 involved a motorist with a BAC of .08 or higher.
Negligence Per Se and Dram Shop Laws in Florida
If you or a deceased relative were involved in a DUI accident, Florida law allows you to initiate a claim against the driver, and any other party, that caused your injuries. You must show that the defendant in your case is liable for your injuries to recover damages.
In many motor vehicle accidents, negligence is the legal theory of liability under which drivers are held accountable for their actions. Negligence is a person’s failure to exercise reasonable care under the circumstances. Negligence requires that the plaintiff show that the defendant owed him or her a duty of reasonable care; breached this duty of care; and caused the plaintiff’s injuries as a result of the breach.
DUI driving, however, presents a circumstance under which a plaintiff may be able to hold a driver liable under a theory of negligence per se. Under this theory, a defendant may be liable for injuries caused in an accident if he or she violated a penal statute. A plaintiff must prove that the driver violated a law intended to protect a particular class of persons (individuals like you, for example) from a particular type of injury (car wreck injuries). In Florida, it is a crime to drive under the influence of alcohol or drugs. A person is considered to be under the influence of alcohol or drugs if his or her faculties are impaired, or if he or she has a BAC of .08 or more. A driver convicted of a DUI who causes injuries is negligent as a matter of law, and may be held liable without the plaintiff having to prove the elements of duty and breach.
Florida also has what is known as a dram shop law. Generally, individuals or establishments that serve alcohol are not liable for any injuries or damage caused by a drunk driver. However, you can hold a person or establishment civilly liable under a negligence claim if you can show that the defendant intentionally sold or provided alcohol to the driver and the driver was under age 21, or if they knowingly served alcohol to a person habitually addicted to alcohol.
Can I Receive Compensation for my DUI Accident Injuries?
A victim of a DUI accident may be able to recover damages for his or her injuries. You can seek compensation for medical bills, lost wages and loss of earning capacity, pain and suffering, and more. Certain relatives of a person who died in a DUI crash may be able to recover for their loved one’s medical expenses, burial bills, loss of companionship, loss of instruction, and other damages. Personal injury claims in Florida must be initiated within four years from the date of the accident. If your relative died in a DUI accident, you must file a wrongful death claim within two years from when the accident occurred.
DUI Lawyers Brooksville and Lutz, FL Fighting for You
Holliday Karatinos Law Firm, PLLC is committed to providing DUI accident victims with the legal representation and support they need to fight for their right to compensation. Our Brooskville and Lutz, FL car accident lawyers have more than five decades of combined practice practicing law. We can bring our substantial personal injury experience to help you assert your injury claims. We will aggressively negotiate settlements and can take your case to trial if necessary. Call us at (866) 597-0009 or complete our online form to set up an initial consultation with our attorneys at no cost. We serve clients in Brooksville, Lutz, Spring Hill and a number of surrounding areas.