About Our Florida Drunk Driving Accident Lawyers
Drunk drivers threaten the safety of others on Florida roads and highways. At Holliday Karatinos Law Firm, PLLC, our drunk driving accident accident lawyers understand how a drunk driver can cause significant injuries and damage.
We have represented crash victims and their families in claims against drivers and others responsible for drunk driving 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 drunk driving accident.
Drunk Driving Accident Statistics
Inebriated 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.
You Can File a Claim Against a Drunk Driver in Florida
If you or a deceased relative were involved in a drunk driving 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.
Drunk Driving is Considered Negligence
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.
Drunk 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’s Dram Shop Law
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.
Compensation for Drunk Driving Accident Injuries in Florida
A victim of a drunk driving 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 drunk driving crash may be able to recover for their loved one’s medical expenses, burial bills, loss of companionship, loss of instruction, and other damages.
Statute of Limitations for Drunk Driving Accidents in Florida
Personal injury claims in Florida must be initiated within four years from the date of the accident. If your relative died in a drunk driving accident, you must file a wrongful death claim within two years from when the accident occurred.
Contact Our Florida Drunk Driving Accident Attorneys
Holliday Karatinos Law Firm, PLLC is committed to providing drunk driving accident victims with the legal representation and support they need to fight for their right to compensation.
Our drunk driving 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 or complete our online form to set up an initial consultation with our car accident attorneys at no cost. We serve clients in Brooksville, Lutz, Spring Hill, Tampa, Inverness, and a number of surrounding areas.