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, this involves establishing four elements: duty, breach, causation, and damages. However, if the defendant violated certain non-traffic statutes – such as the DUI statute – the accident victim can take a “shortcut” when proving their case through the doctrine of negligence per se.
The doctrine of negligence per se allows for a Florida plaintiff to establish both the duty and the breach elements of their case by showing that the defendant violated a law that was designed to prevent the very type of acts the defendant committed. For example, the DUI law was enacted to prevent drunk driving accidents. Thus, if someone is injured in a DUI accident, the doctrine of negligence per se may help them establish their case.
Two Killed in Florida DUI Accident
Recently, two people were killed and several others seriously injured in a Florida DUI accident in Zephyrhills. According to a local news report covering the tragic accident, a westbound Infiniti was approaching the rear of a westbound Oldsmobile when the Infiniti attempted to pass the Oldsmobile. As the driver of the Infiniti attempted to overtake the other car, it clipped the rear bumper, sending both cars off the road.
Both cars flipped over before coming to a stop. The driver of the Oldsmobile and the passenger in the Infiniti were both pronounced dead at the scene. The driver of the Infiniti, as well as two other passengers in the Oldsmobile, were also hospitalized with serious injuries. Police told reporters that they believed alcohol to be a factor in the fatal collision.
Have You Been Injured in a Florida DUI Accident?
If you or a loved one has recently been injured in a Florida car accident, you may be entitled to monetary compensation. The dedicated South Florida personal injury lawyers at the law firm of Cecere Santana have decades of collective experience handling all types of Florida car accident cases, including DUI cases. Through zealous advocacy, we put our client’s interests first from the beginning of their case to the end, and we make sure to keep our clients abreast of any new developments in their case. To learn more, call 800-753-5529 to schedule a free consultation today.
See Additional Blog Posts:
Hardware Store’s Motion for Summary Judgment Denied in Recent Florida Premises Liability Case, South Florida Injury Attorneys Blog, July 6, 2018.
The Dangers of Drowsy Driving in Florida, South Florida Injury Attorneys Blog, published July 20, 2018.
