Alcohol use remains a major factor in traffic accidents. Every 48 minutes there is an alcohol-impaired traffic fatality in the United States. The National Highway Traffic Safety Administration (NHTSA) reports that 10,874 people died in alcohol-impaired crashes in 2017, accounting for 29 percent of all crash fatalities.
One such DUI accident occurred on January 7, 2019, resulting in a Tallahassee, Florida woman being charged with DUI manslaughter after a fatal crash in Madison County. The woman was previously charged with DUI in May 2017.
Many DUIs are the direct result of sellers and servers not monitoring the alcohol consumption of their customers. Forty-two states and the District of Columbia have laws, or case law, holding commercial liquor servers legally liable for damage, injuries and deaths in alcohol-impaired driver cases. Bartenders may also be at risk for legal and civil charges if they serve intoxicated customers or serve minors. Thirty-nine states also have laws making social hosts liable for any injuries or deaths caused by their serving too much liquor to guests and not preventing them from driving.
Florida Statute 768.125 - Liability for injury or damage resulting from intoxication says:
“A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.”
Statute of Limitations
Should a DUI victim wish to file a claim against a restaurant, bar or other establishment, he or she must do so within four years of an accident. After this time, the statute of limitations expires.
A person injured due to the negligence of another person or establishment can seek compensation for such items as
- Medical bills, past, present and future
- Lost wages
- Replacement costs for destroyed or damaged property
- Pain and suffering
“DUI accidents are tragedies. If you or a loved one is injured due to a negligent driver who is driving under the influence, we have the experienced legal team to assist you,” said Fort Myers DUI Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.
Fort Myers DUI Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.