How To Prove Liability In A Drunk Driving Accident

How To Prove Liability In A Drunk Driving Accident

How To Prove Liability In A Drunk Driving Accident 1080 1080 Panter, Panter & Sampedro

With holiday parties in full swing, it seems Florida’s patrons are making up for time lost during the 2020 pandemic closures, which all but kept individuals inside and away from bars, holiday parties, and social clubs. The increase in drinking may result in a higher number of individuals drinking and driving this year and could lead to more drunk-driving accidents. The question of who is liable when a drunk driver causes injuries depends on the circumstances. The drunk driver is generally liable for their actions, but the bar or restaurant that served them may be responsible as well. 

When these accidents occur in Florida, it all comes down to what’s known as “dram shop laws”. Florida Statutes Section 768.125 provides the specific statute which states, “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.”

The statute makes it clear that a proprietor or business generally cannot be held responsible for what a patron or customer does after being served alcohol. The exception to that general rule is triggered whenever a proprietor serves alcohol to a minor – someone younger than the legal drinking age – or knowingly serves alcohol to a person who is habitually addicted to alcohol. 

Call an Experienced Car Accident Attorney 

Although many law firms do not take on dram shop cases because they are notoriously difficult to prove, our attorneys at Panter, Panter, and Sampedro have the experience and resources to ensure that justice is served. 

Our firm has had many cases in our more than thirty years of serving the community involving drunk drivers, negligent bars, and even homeowners held accountable in alcohol and drug related cases.  In one case a homeowner was held accountable for serving alcohol to minors who then got involved in a car accident.  Both the drunk driver (a minor) and the homeowner were held accountable for the accident.  We have also had several cases in which the bar and restaurant were held liable for overserving patrons who then caused an accident on the road.

Panter, Panter, and Sampedro has the experience needed to navigate the usually complex legal and insurance processes required to secure the compensation that victims deserve. If you’ve been injured in an accident involving a drunk driver, give us a call at (305) 662-6178 for a free case review. 

 

 

 

Sources:

https://www.law.com/dailybusinessreview/2021/11/17/holiday-party-season-is-back-and-so-are-dram-shop-cases/

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.125.html

https://www.nolo.com/legal-encyclopedia/dram-shop-laws-social-host-liability-alcohol-related-accidents-florida.html

 

Panter, Panter & Sampedro

Call Us

A Personal Injury Law Firm Protecting Florida’s Families For Over 30 Years.

Panter, Panter & Sampedro
How Were You Injured?
We want to hear your story.
Connect with one of our experienced trial lawyers today.