Articles Tagged with drunk driving injury lawyer

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In the midst of all the holiday festivities is a lurking risk on our roads: Drunk drivers. drunk driving injury lawyer

A recent analysis by SCRAM Systems (the company that sells DOT-approved alcohol and location monitoring devices) notes that while during most of the year, 28 percent of highway deaths are related to alcohol, that figure spikes to 40 percent during the holidays. Over Thanksgiving, it’s 35 percent, Christmas, 41 percent, and on New Year’s Eve/ Day, it’s 58 percent.

What’s more, 16 percent of adults surveyed say they drink more than usual over the holidays. Half said alcohol plays some role in their family’s holiday gatherings and an astonishing 96 percent say they either went to work hung over after a party or know someone who did. Bear in mind: Being hungover can sometimes still be considered impaired driving, even if your blood-alcohol concentration falls below the per se limit of 0.08, as outlined in F.S. 316.193. The statute allows for a criminal conviction any time a person is “under the influence of alcoholic beverages… to the extent the person’s normal faculties are impaired.”  Continue reading →

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Florida’s dram shop law may offer monetary relief for drunk driving accident victims – but only under limited circumstances. beerhand

As far as dram shop laws go, Florida’s is one of the most narrow. Codified in F.S. 768.125, the measure protects persons and business establishments that furnish alcoholic beverages to those of lawful drinking age who are not known to be habitually addicted to alcohol. That means the only time drunk driving accident victims can sue the bar that served the driver may be if the driver was under 21 or if he or she was a known alcoholic.

There have been some instances in which the courts have extended liability, but it usually involves additional assumption of duty. That’s what plaintiffs in the recent case of Torre v. Flanigan’s Enterprises Inc. sought to establish. Continue reading →