Tallahassee Drunk Driving Accident Attorney

Who Is Liable for a Drunk Driving Accident?

In nearly all cases, the drunk driver can be held legally responsible for injuries and damages resulting from an accident they cause. This is because drunk driving is a form of negligence and a clear breach of the duty of care all drivers owe to others on the road. However, the drunk driver may not be the only liable party.

Under Florida’s dram shop law, it may be possible to bring a claim or lawsuit against an establishment or vendor who provided alcohol to the drunk driver. You will need to prove several elements, however, to have a dram shop claim.

To hold a restaurant, bar, tavern, or similar establishment liable for a drunk driving accident, you will need to prove the following:

• The vendor knowingly served alcohol to an individual who was “habitually addicted” to alcohol; OR
• The vendor “willfully and unlawfully” provided alcohol to a minor (someone under the age of 21); AND
• The vendor provided alcohol for the purpose of immediate consumption

Because the law specifies that alcohol must be provided for “immediate consumption” for dram shop liability laws to apply, grocery stores, liquor stores, and other establishments that sell alcohol not intended to be consumed immediately on the property cannot be held liable in drunk driving accident claims, even when they sell alcohol to a minor who goes on to cause a crash. Additionally, unlike several other states, Florida does not have laws allowing injured parties to sue social hosts when they provide alcohol to minors or clearly intoxicated individuals who later cause drunk driving accidents.

Protecting Your Rights After a Serious Accident

There are several important things you should do after an accident with a drunk driver to protect your health, safety, and rights:

• Seek Medical Attention: First and foremost, make sure you receive proper medical attention. Unfortunately, drunk driving accidents tend to lead to devastating injuries and fatalities, meaning victims are often treated at the scene and/or transported to the hospital for emergency medical care. However, if you were involved in a collision with a drunk driver and did not receive medical attention at the scene/were not hospitalized, you should see a doctor right away. After any motor vehicle crash, it is essential that you seek medical attention to rule out potential underlying issues and prevent future damage.
• Document the Accident: Next, if possible, try to gather as much evidence as possible and document the accident as best as you can. Make sure you get the other driver’s contact and insurance information and file an official police report. The best way to do this is to call 911 and have law enforcement come out to the scene of the accident. The police will likely conduct DUI tests to determine the other driver’s BAC, which will be invaluable to your future personal injury claim.
• Avoid Talking to the Insurance Company: After the accident, you should avoid negotiating with the drunk driver’s insurance company. Their adjusters will likely attempt to contact you—or even come to your home or the hospital—mere hours or days after the accident. They might offer a settlement to cover the cost of your medical bills. While this may seem like an attractive option, as well as the quickest way to get your bills paid and move on from the crash, we strongly recommend that you do NOT accept the insurance company’s first offer. Insurance adjusters’ only job is to limit payouts and save insurance companies money. They will not consider your ongoing or future expenses, not to mention the costs associated with your lost income and pain and suffering. If you accept their first settlement, you will almost certainly lose your right to file a lawsuit and seek the maximum compensation you are truly entitled to receive.
• Contact a Lawyer: One of the best things you can do after a drunk driving accident leaves you injured or struggling to cope with the death of a loved one is contact a car accident lawyer. At Shapiro Law Firm, P.A., our Tallahassee drunk driving accident attorney has more than two decades of experience fighting for the rights of injured victims and the families of those wrongfully killed. He and our entire team can help you navigate this incredibly difficult time in your life and fight for the fair recovery you are owed.

Call us today at (850) 629-7226 or contact us online to schedule a complimentary case evaluation with our Tallahassee drunk driving accident lawyer.