Drunk Drivers

At Williams & Moore, P.A., we aggressively pursue claims against irresponsible drinkers and the bars, nightclubs, and restaurants that improperly serve them. Injury or death caused by a drunk driver is perhaps the most upsetting, anger-provoking of all kinds of personal injury cases. According to the National Highway Transportation Safety Administration, drunk drivers injured more than 250,000 individuals during 2005. Although the law can never replace a loved one, it does provide means of recovery for victims. Victims can sue the drunk driver under the general laws of negligence, but often the drunk driver is either uninsured or underinsured and has few, if any, assets to support a lawsuit.

Even if there is no way to pursue recovery against the drunk driver, there may be a way to pursue recovery against the person who provided the alcoholic beverages to drunk driver. People who serve alcoholic beverages may be liable under Florida law for damages resulting from the consumption of alcoholic beverages. Fla. Stat. § 768.125. Liability may be imposed either under the law of negligence. Another legal action may be brought under the Dram shop Acts . These are laws that impose liability for negligence on the sellers of alcoholic beverages for sales to persons under the legal drinking age or to those who are intoxicated. Florida requires that the bar, liquor store, or restaurant have notice that the person is a habitual drunkard in order to impose liability. Fla. Stat. § 562.50. This rule is different, however, if the intoxicated person is a minor. A liquor store, bar or restaurant may be responsible for any damages caused by a person’s drinking if it sold alcohol to a person under the age of 21. Fla. Stat. § 562.11.

Liability can attach to "social hosts" as well. A social host is an individual who serves alcoholic beverages in a social setting, such as a home or a party, or as where an employer serves alcoholic beverages at a company. The social host is not required to make sure that no one is consuming more alcohol than they can handle unless the host can reasonably be aware of a problem and prevent it. In Florida, however the social host cannot be held liable.

In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident involving a drunk driver, call Williams & Moore, P.A. now at (866) 258-6700. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.