In Drunk Driving Accidents, Bar May Also be Responsible

When someone is hurt in a Florida drunk driving accident, the injuries are often severe. In many Florida DUI accidents, the intoxicated motorist is traveling at a high rate of speed, traveling the wrong way down a one-way road, or entering an intersection without yielding to a traffic signal. These accidents may result in a high-speed, direct-impact collision. Regardless of the specific type of accident, anyone who is injured in a Florida drunk driving accident can pursue a claim for damages against the responsible parties. The obvious party to name in this type of claim is the drunk driver. However, liability may not stop there. Under Florida’s Dram Shop law, an accident victim may be able to pursue a claim for compensation against the individual or business who provided alcohol to the intoxicated driver. Florida’s Dram Shop law is contained in Florida Statutes Continue reading →

Pursuing Financial Compensation after a Florida DUI Accident

Drunk and drugged driving are two of the leading causes of fatal Florida car accidents. In fact, each year, there are over 400 fatal car accidents in Florida involving alcohol intoxication. In addition, there are another nearly 300 fatal accidents involving drugged driving.Of course, driving while under the influence of either drugs or alcohol is illegal, and anyone who is caught doing so – even when an accident is not involved – can face criminal penalties. However, when a Florida drunk driver causes a collision with another motorist, the drunk driver can also be held liable for any injuries that result through a personal injury lawsuit. In order to succeed in a personal injury lawsuit, a car accident victim must be able to establish that the at-fault driver violated a duty of care that they owed to the accident victim and that this violation resulted in their injuries. Normally, ...

Continue reading →

Drunk Driving Accidents in Florida

Despite decades-long efforts by the state and federal governments, drunk driving remains a major problem on Florida roads. Indeed, in the 10-year period between 2003 and 2012, there were almost 8,500 Florida drunk driving deaths. This amounts to about 850 drunk driving accidents a year or 70 per month. When a driver gets behind the wheel after having too much to drink, they are putting not only their own life in jeopardy but also the lives of countless others. It has been shown that drunk drivers are more likely to speed, act aggressively, fall asleep, get distracted, or make poor judgment calls, all of which can further increase the chance of causing an accident. Florida law allows for victims of drunk driving accidents to seek compensation for their injuries through a Florida personal injury lawsuit. In some cases, the fact that a driver was intoxicated will make an accide...

Continue reading →

South Florida Drunk Driving Accidents

Despite the millions of dollars spent by the federal and state governments on drunk driving prevention programs, as well as the harsh criminal penalties that drunk drivers face when convicted, Florida drunk driving accidents are still commonplace. In fact, Mothers Against Drunk Driving reports that there are nearly 800 drunk driving deaths in Florida each year. This represents over a quarter of all traffic fatalities. Sadly, this number represents a 15% increase over previous years. Drunk drivers place the safety of everyone on the road in jeopardy when they get behind the wheel. In too many cases, South Florida drunk drivers cause otherwise preventable traffic accidents that result in serious injuries or death. Due to the prevalence of drunk driving and the danger that drunk driving presents, Florida lawmakers have enacted several laws that the victims of a South Florida drunk ...

Continue reading →

Appellate Opinion Discusses Florida’s Reverse Dram Shop Liability Statute

Earlier this month, an appellate court issued a written opinion in a Florida drunk driving case requiring the court to interpret the state’s reverse dram shop liability statute. The court was tasked with determining whether the plaintiff presented sufficient evidence to survive the defendant’s motion for summary judgment. Ultimately, the court concluded that the plaintiff’s evidence was sufficient, and it ordered the case to proceed toward trial or settlement negotiations. Florida’s Reverse Dram Shop Statute In Florida, establishments that serve alcoholic beverages are generally not liable for any accidents caused by their customers once they leave the premises. However, under the Reverse Dram Shop Liability statute, a plaintiff may proceed with ...

Continue reading →

Florida Teen Killed in Hit-and-Run DUI Accident, Several Others Injured

Late last month, a suspected drunk driver hit and killed one Florida teen and injured several others in a hit-and-run accident. According to a local news report, the accident occurred in Polk County, near the intersection of Allegheny Road and Athbasca Drive. Evidently, the motorist was operating a Kia Rio when witnesses say he leaned forward in the driver’s seat, losing control of the vehicle and driving off the road’s right shoulder. A few moments later, several children who had recently exited the bus at their designated bus stop were struck. An investigation after the accident indicated that there was no pre-collision braking, and the children all seemed to be off the road at the time of the collision. After the...

Continue reading →

Alcohol Consumption Can Result in Liability for Some Florida Residents But May Protect Others

Drinking too much can be very dangerous, and excessive alcohol consumption leads to about 88,000 deaths each year in the United States. But while most people are at greater risk of injury while drinking, some people may actually be shielded from liability under Florida law. Under Florida statute 768.36, a plaintiff cannot recover damages if at the time of the accident, the plaintiff was under the influence of drugs or alcohol, and the plaintiff is determined to be more than 50 percent at fault for the accident as a result of his intoxication. That means that a person who is injured may not be able to recover compensation from an at-fault party who contributed to their injury if the injured person was under the influence at the time. In order for this doctrine to apply, the plaintiff has to be under the influence to the extent that the person’s “normal faculties were impaired,” or t...

Continue reading →

Attorneys at Cecere Santana Share Driving Tips for Teens to Prevent Fatal Accidents

According to an October 12, 2016 CBS News article, the number of teenagers involved in deadly car crashes is rising for the first time in nearly a decade. In 2015, there was a 10-percent increase in teen driving deaths. “In fact, teenage drivers are more than one-and-a-half times more likely than adults to be involved in a deadly crash,” said personal injury attorney Erick Santana, a founding partner at Cecere Santana. To help prevent fatal accidents involving teens, Santana and Cecere Santana co-founder Michael Cecere share the following three tips: No. 1: Always wear your seat belt. “Of the teens who died in passenger vehicle crashes, approximately 55% were not wearing a seat belt at the time of the crash,” said Cecere. “Research shows that seat belts reduce serious crash-related injuries and deaths by about half.” No. 2: Practice driving with yo...

Continue reading →

How Dram Shop Laws May Help Accident Victims Seek Financial Recovery

Drunk driving has been plaguing the country for decades, and Florida is no exception. According to a statistic released by Mothers Against Drunk Driving, in Florida alone there have already been almost 700 fatalities caused by drunk driving in the year to date. This figure represents about one-third of all fatal traffic accidents.In hopes of curbing drunk driving, Florida legislators passed a Dram Shop Law decades ago to help hold the establishments that serve liquor to those who later go on to cause an accident responsible for their actions. Dram Shop Laws have been around for many years, and about 30 states have some form of them. In its most basic form, the law allows for the victim of a drunk driving accident to hold the establishment financially responsible for their injuries. Of course, in order to prove a Dram Shop case in Florida, the plaintiff must prove certain elements. ...

Continue reading →

Drunk Driving on South Florida Roads

Drunk driving is one of the most dangerous things someone can do while behind the wheel of a car. And in fact, the statistics reflect this with 676 deaths this year in Florida alone due to drunk and drugged driving. These represented about 28% of all fatal traffic accidents across the state. It is for good reason, then, that the State of Florida makes drunk and drugged driving illegal. Any time a driver gets behind the wheel of a car with a blood-alcohol content of .08 or greater, they are driving drunk. Additionally, whenever someone is under the influence of any amount of illegal drugs, they are in violation of the same law. Even in cases in which a person is taking prescription medication, they may still be found to be liable if that medication influences their ability to safely drive the vehicle they are operating. Not only is intoxicated driving illegal, but it may also be ...

Continue reading →