Drunk driving is one of the most dangerous activities you can engage in on today’s roads, and yet millions of people still do it every year, leading to crashes, injuries, and fatalities. As a result, drunk driving accidents in Naples, FL, are sadly quite commonplace. If you’ve been hurt by a drunk driver, you may be eligible to receive compensation.
Florida’s Drunk Driving Laws
The Sunshine State has strict laws in place to deter drunk driving, most of which are codified in Florida Statutes Section 316.193. This law makes it illegal to drive with a blood alcohol concentration of 0.08% or higher and sets the penalties for getting caught driving drunk. Those penalties can include fines, jail time, license suspension, and mandatory community service.
Florida also has civil statutes in place that allow you to file a claim against a drunk driver who has caused you harm, but it’s much easier to establish liability if the driver is convicted of a criminal offense, as well.
The Driver’s Liability in Drunk Driving Accidents
The reason it’s a good thing for victims if a drunk driver is convicted in a criminal court is that said driver will be presumed negligent, which simplifies the process of establishing liability. The presumption arises from the concept of negligence per se. Negligence per se refers to the fact that violating a safety statute constitutes automatic negligence in Florida.
Even without a criminal conviction, you may be able to file a claim against a drunk driver. The difference is that you’ll have to prove that the driver was impaired and their actions caused the accident in Naples, FL.
Additional Parties Who Can Be Held Liable
Florida also has a dram shop law in place. Outlined in Florida Statutes Section 768.125, the law protects servers of alcohol from liability for crashes caused by the people they served in most circumstances. There are, however, some exceptions.
If an establishment sells alcohol to a minor, it can be held liable for any accident that ensues. The same is true if a store, restaurant, or bar sells alcohol to someone known to be habitually addicted to alcohol.
How to Hold Liable Parties Accountable
To hold the liable parties accountable for your accident, you’ll need to file a drunk driving accident claim. There are four types of claims you can file:
- Personal injury claims. If you were injured by a drunk driver, you can file a personal injury claim to recover damages for medical bills, lost wages, and non-economic losses.
- Wrongful death claims. If a drunk driving accident led to the death of your family member, you can file a wrongful death claim. Eligible claimants include spouses, children, and parents. The claim can cover funeral expenses, loss of support, and emotional distress.
- Punitive damages claims. Florida allows people to file punitive damages claims in cases where gross negligence or intentional misconduct caused an injury or death. This type of claim may be applicable if the driver has a history of prior DUIs or had an exceptionally high blood alcohol content.
- Property damage claims. You can seek compensation for property damage caused during the accident, as well. That includes damage done to your vehicle or to the contents within it.
The claims filing process can be complicated, and insurance companies are known for offering unfairly low settlements to claimants without legal representation. You should hire a drunk driving accident attorney as soon as you can following the crash. Your attorney can help you with everything from filing paperwork to gathering evidence to support your claim. Should your claim go to court at the Collier County Courthouse, they can also provide courtroom representation.
FAQs
How Many Drunk Driving Deaths Are There in Florida?
There were 839 traffic fatalities that were due to impaired driving in Florida in 2023. Impaired driving is a frequent problem in Florida, and drivers should be fully aware of the traffic laws regarding impaired driving. It can help them avoid facing life-changing legal consequences. Additionally, drivers should seek legal counsel if they are involved in a serious accident.
What Percentage of Car Accidents Are Caused by Drunk Drivers?
Around 30% of all fatal car accidents were caused by drunk drivers in 2020. The annual cost of alcohol-impaired crash deaths totaled around $123.3 billion, including all medical costs for those who passed away. Around 62% of the people who died in drunk driving crashes were impaired drivers themselves. Another 38% were passengers, nonoccupants, or in other vehicles.
What Happens if You Get in an Accident While Drunk in Florida?
If you get in an accident while drunk in Florida, you will be charged with either a misdemeanor or a felony, depending on whether anyone was hurt or killed. You’ll face severe penalties, including jail time, fines, and the loss of your license. You’ll also be civilly liable for any injuries caused by the crash and may also need to pay punitive damages to victims.
What Is the Punishment for Drunk Driving in Florida?
The punishment for drunk driving in Florida varies based on whether you are charged with a misdemeanor or a felony and how many times you have been caught drunk driving in the past. If you’re being charged with a first-time DUI, you will face incarceration and/or probation for up to a year, a fine of between $500 and $4,000, and a mandatory 50 hours of community service, or an additional fine.
Hire a Drunk Driving Accident Lawyer
If you’ve been in an accident with a drunk driver, you don’t have to go through the claim-filing process alone. You can hire a drunk driving accident lawyer to help. The team here at The Caldarone Law Group, P.A., has years of experience in helping the victims of drunk driving accidents.
We understand Naples drunk driving accident laws and how they apply to your case to maximize your compensation. With our legal team on your side, you can rest assured that you are getting the quality legal support you deserve. Contact us to schedule a consultation today.
