What Percentage of Accidents Are Caused by Drunk Driving?
In some areas, alcohol is a factor in over 80 percent of fatal traffic accidents. Fewer drunk driving crashes was supposed to be a “silver lining” of the dark coronavirus lockdown cloud. But the coronavirus pandemic, and its associated mental health effect, has dramatically, and seemingly permanently, increased the number of fatal drunk driving crashes.
One reason the percentage is so high is that the definition of “drunk” is different in negligence cases than in criminal law cases. In criminal court, “drunk” normally means the complete loss of normal mental and physical faculties. But to an Altamonte Springs personal injury lawyer, “drunk” means one too many, and even one is too many. The first sip of alcohol triggers the impairing effects of this drug.
First Party Liability
Sometimes, criminal and civil liability overlap. If emergency responders cite the tortfeasor (negligent driver) for DUI, an Altamonte Springs personal injury lawyer can use the negligence per se doctrine to obtain compensation.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.
Most law enforcement agencies have mandatory DUI arrest policies. If drivers are legally intoxicated, whether or not they cause crashes, emergency responders must arrest them. So, the negligence per se doctrine is more widely available in drunk driving accidents than in other accident claims.
However, tortfeasors can be impaired but not legally intoxicated. If Frank blows a .01 on a breathalyzer, first responders may not charge him with DUI. But that alcohol level is legally impaired. In addition to a trace amount of alcohol in the blood, evidence of impairment includes:
- Erratic driving before the crash,
- Tortfeasor’s prior schedule (e.g. did s/he just come from a bar), and
- Bloodshot eyes and other physical symptoms.
Individually, these bits of circumstantial evidence prove almost nothing. But the burden of proof in a negligence case is a preponderance of the evidence (more likely than not). So, the whole of this circumstantial evidence is greater than the sum of its parts.
Third Party Liability
If the tortfeasor visited a bar, restaurant, or other commercial alcohol provider shortly before the wreck, Florida’s dram shop law may apply. Commercial providers who illegally sell alcohol to people who subsequently cause crashes could be financially responsible for damages.
In the Sunshine State, it’s illegal to knowingly sell alcohol to persons who are habitually addicted to this substance. Prior alcohol purchases at that establishment are the most common evidence of habitual addiction. Any prior purchase may be enough to establish an illegal sale, because of the aforementioned burden of proof.
If Frank had a drink at the same bar a month before a wreck and again immediately before a wreck, it’s more likely than not that the store knew he was habitually addicted to alcohol, and that alcohol impairment or intoxication substantially caused the wreck.
Such a purchase pattern also proves foreseeability, another important element of a negligence case in Florida.
Other illegal alcohol sales include after-hours sales, unlicensed sales, and most commonly, underage sales. Some common underage sale excuses, such as the “s/he looked older” defense, usually don’t hold up in court.
Connect With a Hard-Working Seminole County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Altamonte Springs, contact Goldman Law, P.A. The sooner you reach out to us, the sooner we start working for you.
Source:
dallasobserver.com/news/dallas-problem-with-drunk-driving-problem-grows-reaching-crisis-level-21883359
