Articles Posted in DUI

Published on:

beer1Every state has different laws when it comes to the legal responsibility of bars and social hosts for providing alcohol to an individual who is later accountable for causing a motor vehicle wreck. Laws surrounding alcohol can be complex, which is why it is wise to consult a knowledgeable Miami injury attorney to determine what can be done in your case.

In the state of Florida, there is limited liability for bars and restaurants when it comes to incidents of drunk driving. Under state law, a person is liable when he or she willfully and unlawfully provides alcohol to an individual who is not of lawful drinking age or knowingly gives alcohol to an individual who is an alcohol addict.

In Case v. Newman, a Jacksonville woman was killed in a car accident when a 17-year-old drunk driver, Andrew Newman, struck her vehicle. Police confirmed that Newman was under the influence of alcohol when he lost control of his car and veered into the lane in which the decedent was driving. Paramedics determined that the victim was dead at the scene of the accident. The decedent’s daughter and personal representatives filed a lawsuit against Newman, his father and grandfather, who owned the car Newman was driving, and the store that sold Newman the alcohol. Continue reading →

Published on:

car accident2Every year thousands of Americans are killed or injured in alcohol related automobile accidents. The Foundation for Advancing Alcohol Responsibility reports that in 2012 there were 697 alcohol-impaired driving fatalities; 55 of these were under 21 alcohol-impaired fatalities. Miami personal injury attorney Robert Dixon understands that drunk driving is a serious matter. Our team works aggressively on behalf of victims, and families of victims whose lives have been adversely affected by drunk driving.

The Legal Limit

Driving while drunk is a criminal offense. Those found driving while intoxicated are charged with a DUI which stands for “driving under the influence.” Whether or not you will be charged with a DUI depends on your blood alcohol level. The legal limit of blood alcohol content in Florida is .08.

The Legal Standard for Liability

As with other automobile accidents, liability will likely be based on the theory of negligence or wrongful death. A claim of negligence requires showing that the party that caused the accident acted in a negligent manner. Negligence occurs when a person breaches their duty to exercise reasonable care. An individual acts with reasonable care when they act how a reasonably prudent person would act under similar circumstances. Continue reading →