Florida Drunk Driving Accidents Victims Attorneys

In Florida there are approximately 1,200 to 1,500 drunk driving car accident related deaths per year as confirmed by www.alcoholalert.com in the following table:

In Florida including Miami, North Miami, Ft. Lauderdale, Hollywood, West Palm Beach, Hialeah, and other Florida Cities, there are approximately 1,200 to 1,500 drunk driving related car accident deaths per year. Almost all of these drunk driving car accidents involve a person who is legally over the Florida limit for intoxication which is .08%. Once a drunk driver reaches that level of intoxication the law presumes that their normal faculties are impaired and they should not be driving a car or other vehicle. They put themselves and others at risk of suffering serious personal injuries and death due to their drunk driving a car which becomes a dangerous instrument in the hands of the drunk driver. It is wise to hire an experienced personal injury attorney such as Jack Bernstein with 26 years experience to handle your drunk driving car accident case immediately. Evidence must be protected from destruction such as bar or credit card receipts, photos of car damages, car accident scene photos, and possibly witness accounts need to be obtained while the story is fresh in their minds. The insurance company for a drunk driver or any business that allowed a drunk driver to injure someone will work quickly to obtain evidence in the light most favorable to their best interest which is to pay as little money as possible. An experienced personal injury attorney such as Jack Bernstein knows how to move quickly to gather and preserve the important evidence needed to obtain the maximum money damage recovery for you.

Florida Statute 768.125 states that individuals or companies that sell or serve alcohol are not liable for injuries or damages caused by a drunk driver with two exceptions. If the drunk driver was under the age of 21, whoever served the alcohol can be held liable for the personal injury or death caused by the drunk driver in the car accident. Knowledge by the person serving the alcohol that the person was under 21 is NOT required. When a bar or other person serves alcohol they have a legal duty to make certain the person they are giving alcohol to is twenty one or older. The law creates the minimum age for drinking alcohol in Florida to make sure that the person is old enough to handle the effects of alcohol. We have decided as a society that they are not mature enough, and prohibit their use of alcohol to help and stop the senseless injuries and deaths caused by under age drunk driving accidents. Bars and Restaurants that serve alcohol to a person under the age of 21 which results in that persons death are liable to the survivors of the family under the wrongful death statute for that persons death as well as injury to others.

Social Host (People having a party at their home) have a legal duty not to serve persons under 21 alcohol under Florida law. It is NOT OK to let minors drink alcohol and take away the keys. Other injuries can arise from drunken behavior by minors such as fights, or sexual crimes, and all types of personal injuries due to the minor being drunk. The law in Florida prohibits an adult from hosting a party with persons under 21 and serving them alcohol and holds them legally responsible for the injuries and damages caused.

The Florida statute also provides that persons that serve alcohol to someone that they, "know is habitually addicted to the use of any or all alcoholic beverages", may be liable for injuries and damages caused as a result of the intoxication. The courts have held that there is an obvious foreseeable risk of injury when you provide alcohol to persons who lack the ability to make responsible decisions in the consumption of alcohol. The general rule under the statute is that the person or bar that serves alcohol to an adult is not liable for the personal injury or death the drunk driver subsequently causes in a car accident. Personal Injury attorney Jack Bernstein with 26 years experience and the experienced personal injury attorneys at Bernstein and Maryanoff have handled cases against bars for serving alcohol to minors and to those habitually addicted to alcohol. We would be glad to assist your family in bringing a claim against a Miami, North Miami, Ft. Lauderdale, Hollywood, West Palm Beach, Hialeah, and any Florida City driver who caused personal injury or worse to your family in a car accident or any type of accident.