Articles Posted in DUI Accident

Generally, people who drive while intoxicated and cause accidents can be held liable for any injuries suffered by other people involved in the collision. Typically, evidence of intoxication is relevant and admissible in a lawsuit arising out of a crash, but there are some exceptions. For example, as explained in a recent Florida ruling, in cases in which a defendant admits liability and that punitive damages are warranted, such evidence should be precluded. If you were hurt in an accident caused by a drunk driver, it is advisable to meet with a trusted Florida car accident attorney to determine what damages you may be owed.

History of the Case

It is reported that the plaintiff suffered injuries in a rear-end car accident caused by the defendant. The defendant was intoxicated at the time of the crash. The plaintiff filed a lawsuit against the defendant, seeking compensatory and punitive damages due to the defendant’s intoxication. The defendant conceded liability and admitted that if the plaintiff was awarded compensatory damages, he would be owed punitive damages as well, and asked the court to bifurcate the trial and exclude evidence of his intoxication during the compensatory phase.

Allegedly, the court bifurcated the trial but permitted the plaintiff to admit evidence of the defendant’s intoxication during the first phase. The jury found in favor of the plaintiff, awarding him over $2.5 million. The defendant appealed, arguing in part that the trial court erred in permitting the plaintiff to introduce evidence of the defendant’s intoxication, despite the defendant’s admission of liability and concession to punitive damages. Continue reading

People that are hurt in car accidents often seek damages in civil lawsuits from the parties that caused the accident. Typically, a plaintiff that proves a defendant’s liability in an auto crash case will be awarded compensation for the cost of treating injuries and repairing property damage caused by the accident. In some instances, though, a plaintiff may be awarded other damages as well. In a recent Florida opinion, a district court of appeals discussed when a plaintiff may assert a punitive damages claim in a lawsuit arising out of a drunk driving accident. If you were hurt in a crash caused by an intoxicated driver, it is in your best interest to speak to a trusted Florida DUI accident attorney to discuss what damages you may be able to pursue.

Background of the Case

Allegedly, the plaintiff was walking on a Florida sidewalk when he was struck by a car driven by the defendant. The plaintiff filed a civil lawsuit against the defendant, asserting a negligence claim. An investigation revealed that the defendant was intoxicated due to marijuana and alcohol at the time of the accident. While the civil claim was pending, the defendant was charged with multiple DUI crimes, to which he pleaded guilty.

It is reported that after the defendant’s entry of a guilty plea, the plaintiff moved to amend his complaint to include a claim for punitive damages. The trial court held a hearing on the plaintiff’s motion, after which it issued an order granting the motion. The defendant filed a petition for certiorari review of the order, arguing that it should be quashed because the trial court did not set forth express findings when it determined the plaintiff could assert a claim for punitive damages. Upon review, the appellate court denied the defendant’s petition.

Continue reading

While the number of fatalities caused by drunk driving has drastically fallen since 1982, the number of DUI accidents, those involving underage drunk driving especially, is still alarmingly high. Strict laws outline serious consequences for drunk driving—officials want to send a message that getting behind the wheel while you’re under the influence of alcohol is inexcusable. If you or a loved one have fallen victim to a DUI accident, here are a few things a DUI accident lawyer will tell you:

1. There Are Several Laws That Protect Victims of Drunk Driving Accidents:

Drunk driving involves both criminal and civil liabilities. While a state prosecutor presses charges for death, manslaughter, or other felonies and misdemeanors based on the consequences of the accident, a DUI accident lawyer can help victims claim compensation. These attorneys can file injury claims, and they’ll do what it takes to clearly show how your property was damaged, how you lost wages because of the accident, and how you experienced pain and suffering because of the accident. Experienced attorneys can also, in some circumstances, get victims compensation from the institutions that served alcohol to a drunk driver; if they sold to a minor or a person who was clearly intoxicated, for example.

Thousands of lives around the world are lost every year because of car accidents. The United States alone loses around thirty seven thousand people every year to car accidents – that’s around one hundred people every day! Why do we have to lose so many people when the basic rules of driving are simple and straightforward? How many of these accidents are avoidable and what can we do prevent them? The answer isn’t as straightforward as it seems – some causes are obvious, others aren’t. We list some of the most common reasons:

Drunk Driving:

Binge drinking and drunk driving are far more prevalent in the United States than we’d like to believe. We don’t just need to change the laws related to drunk driving, but also change our attitude towards DUI. For example, in some Scandinavian countries like Sweden, there’s no concept of, “I just had one beer.” If you have had alcohol, you do not drive! The BAC limit in Sweden is 0.2 as opposed to the US which allows driving up to 0.8 BAC. Similarly, fines aren’t uniform; rather, they are based on your bank balance. If you have been injured as the result of a drunk driver’s negligence you call an experienced Florida car accident lawyer today.