Drunk driving accidents are unfortunate occurrences that frequently cause serious and often fatal injuries. In addition to seeking damages from the drunk driver, Florida law permits injured parties to seek compensation from anyone who served the driver alcohol if they knew the driver was a habitual addict.
The injured party must present adequate evidence of addiction, however, and the failure to do so may be fatal to their claim, as illustrated in a recent case decided by a Florida appellate court. If you were injured in a South Florida car accident caused by a drunk driver, you should retain an experienced personal injury attorney to provide you with a strong chance for a successful outcome under the circumstances.
Facts Regarding the Driver’s Consumption of Alcohol and the Subsequent Accident
Reportedly, the defendant driver struck two couples on mopeds from behind at 10:15 pm when he was on his way home from work. All of the individuals on the mopeds were injured and one individual died from her injuries. The driver was employed at a Key West restaurant and worked until 5:00 pm that evening. After he was done working, he remained at the bar and consumed several alcoholic beverages. The bartender on duty stated the defendant was not drunk when he arrived, but when he left at 10:00 pm he was intoxicated, stumbling and slurring his speech. It was stipulated that the defendant driver’s blood alcohol level at the time of the crash was .2 grams per deciliter. The injured parties and the personal representative of the deceased party filed an action to recover damages from the defendant driver and his employer. The plaintiffs’ claims against the employer were based, in part, on a Florida statute that imposes liability on anyone who serves alcohol to a person habitually addicted to alcohol, if the person then injures a third party.