Even if it’s legal to take a drug, it’s usually illegal, and always dangerous, to drive under the influence of these substances. Most drugs impair motor skills and judgment abilities. Usually, these impairing effects begin with the first puff or pill.

Arguably, these motorists know they shouldn’t get behind the wheel. Yet they choose to drive anyway, thereby intentionally putting other people at risk. As a result, a Tampa drunk driver accident attorney is usually able to obtain significant compensation in these cases. This compensation often includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Negligence Per Se

Basically, negligence per se is a violation of a safety statute, such as the DUI law. Tortfeasors are liable for damages as a matter of law if they violate a penal safety law and that violation substantially causes injury.

DUI-drug cases are often difficult to prove in criminal court. Since there is no Breathalyzer test for marijuana and other drugs, at least not yet, prosecutors must normally rely on circumstantial evidence from the walk-and-turn and other Field Sobriety Tests. DREs (Drug Recognition Experts) often testify for prosecutors as well.

However, in civil court, a civil jury determines all the facts, including guilt or innocence of a DUI. The standard of proof in civil court is only a preponderance of the evidence (more likely than not). So, if authorities charged Sally with DUI, it’s more likely than not that she was driving under the influence of drugs.

Ordinary Negligence

As mentioned, the impairing effects of most drugs begin at the point of ingestion. Therefore, many drivers are impaired but not legally intoxicated. In some cases, the opposite is true. For example, many over-the-counter sleep aids and other medicines cause drowsiness for hours and hours. My last NyQuil hangover lasted almost two days.

So, if authorities don’t arrest the tortfeasor for DUI, compensation is still available, because of the ordinary negligence doctrine. Basically, ordinary negligence is a lack of care. The duty of care in Florida requires drivers to be at their best physically, mentally, emotionally, and otherwise before they get behind the wheel. Driving under the direct or lingering influence of a drug obviously breaches this duty.

Commercial drivers, like Uber drivers, have a higher duty of care. So, it’s usually easier to prove negligence in these situations.

Third-Party Liability

Stoned drivers get their drugs from somewhere. Often, the provider is a drug store cashier who doesn’t ask questions or a doctor who liberally writes prescriptions for addictive and dangerous pain pills.

In some cases, these providers could be vicariously liable for car wreck damages. Foreseeability is usually an issue in these claims. A car wreck must be a foreseeable result of the drug transaction. Evidence on this point usually includes the tortfeasor’s statements about immediately using the drug and then driving home.

If it applies, vicarious liability is very important in catastrophic injury claims. Usually, individuals do not have enough insurance coverage to provide fair compensation. Florida has one of the lowest auto insurance minimum requirements in the nation. Third-party liability gives these victims an additional source of recovery.

Count on an Experienced Hillsborough County Lawyer

Injury victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. We do not charge upfront legal fees in these matters.

Resource:

stopdruggeddriving.org/problem

Arguably, people who drink and drive know the risk they take. In other words, they intentionally disregard the safety of other people when they get behind the wheel. As a result, a Tampa drunk driver accident attorney is often able to obtain substantial compensation in these cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability

This compensation is available if a victim/plaintiff proves negligence, which is essentially a lack of care. Alcohol-related crash victims normally have two options in this area.

Ordinary negligence is usually a lack of reasonable care. This legal responsibility, which applies to most noncommercial drivers, requires them to avoid accidents when possible and drive defensively. Commercial operators, like Uber drivers, usually have a higher duty of care.

As mentioned, alcohol is a depressant. It impairs motor skills. As a result, people who drink and drive are not in full control of their bodies. Such people clearly violate the duty of care. Evidence of impairment includes:

• Bloodshot eyes,
• Odor of alcohol,
• Slurred speech, and
• Erratic driving prior to the wreck.

The impairing effects of alcohol begin with the first drink. Therefore, many motorists are dangerously impaired but not legally intoxicated.

If the tortfeasor (negligent driver) was charged with DUI, the negligence per se doctrine usually applies. Since a statute establishes the standard of care, there’s no need to offer additional evidence on this point, at least for liability purposes. Additional evidence could be relevant in terms of damages.

The Comparative Fault Defense

Alcohol-related wrecks are difficult to defend, unless this doctrine applies. Contributory negligence basically shifts blame for the accident from the tortfeasor to the victim. Insurance company lawyers would probably use this defense if the tortfeasor was mildly impaired and the victim ran a red light.

In these situations, after they hear the evidence, jurors must divide fault between the two parties. Florida is a pure comparative fault state. So, even if the victim was 99 percent responsible for the wreck, the tortfeasor is liable for a proportionate share of damages.

Third Party Liability

Intoxicated or impaired drivers are personally responsible for the wrecks they cause. The bar, restaurant, or other commercial establishment which provided the alcohol could be financially responsible for damages, under Florida’s dram shop law.

Vicarious liability attaches if the establishment sold alcohol to an underage consumer or to a person who was habitually addicted to alcohol. Evidence of habitual addiction includes the aforementioned physical symptoms along with statements the person makes to a bartender or other employee.

Connect with a Diligent Hillsborough County Lawyer

Alcohol-related collisions often cause serious injuries. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. You have a limited amount of time to act.

Resource:

nhtsa.gov/risky-driving/drunk-driving

According to the report, alcohol was a contributing factor in all of the accidents, and drowning was the cause of death in 80 percent of the fatal accidents, with a majority of those injured or killed failing to wear lifejackets.

Why Boat Owners & Operators Are Often at Fault

Every year, a number of lawsuits are filed against individuals who were operating boats that crashed into other boats, alleging that these operators were driving in a dangerous and reckless manner that was likely to cause injury or death. These lawsuits also often allege that they were incompetent and unqualified to safely operate a boat where they were. This is supported by the Coast Guard’s recent report, which indicates that boating safety instructions were lacking in most of the accidents that occurred nationwide, and even when instructions were present, most deaths occurred when the operator of the boat failed to take a safety course.

It is also important to note that the owner of the boat can be held responsible for allowing someone to operate their boat who was incompetent and unqualified to do so.

The Issue of Comparative Negligence in Florida

As is a problem at the national level, a majority of those injured or killed in last year’s reported accidents also failed to wear lifejackets. It is important to note that, when it comes to all accidents in Florida, we are in a comparative negligence state, which means that any damages you receive will be reduced by your percentage of fault. Therefore, failing to wear a lifejacket is one way in which fault for any injuries you experience can be placed on you–even if the overall accident was not your fault–if it is determined that failing to wear a life jacket contributed to your injuries. If this is the case, any percentage of fault assigned to you can reduce compensation you receive from your claim.

However, it is also important to note that it is the boat owner’s responsibility to ensure that there are enough lifejackets on board, and they can be held responsible for failing to do so.

If You’ve Experienced Loss Due to A Drunk Driver, Contact A Florida Accident Attorney

Every year, too many are injured and killed by people behaving negligently here in Florida, and too often, these reckless actions end in tragedy. If you or a loved one has suffered a loss due to a drunk driver, you have the right to hold that individual accountable. Contact Tampa drunk driver accident attorney Mark H. Wright today to find out how we can help.

Resources:

flkeysnews.com/news/local/article243438316.html

uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2019.pdf