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Drunk Driving Accidents

Drunk Driving and impaired driving accident

Drunk driving accidents are devestating, shattering lives within seconds.  Sadly, 42% of drunk driving accidents are fatal.  In 2007, Florida had 22,823 drunk driving accidents.  Every 2 minutes someone is injured due to a drunk driving accident.

Alcohol, illegal drugs, and prescription drugs can all cause a person to be impaired while driving, resulting in death and serious injuries such as brain injuries, spinal injuries, and disfigurement.  

Attorney Reese Harvey has over 13 years of experience litigating serious personal injury law, and he is a former Palm Beach County prosecutor.  Reese prosecuted hundreds of DUI cases during his time as an assistant state attorney.  He intimately knows the inner workings of Florida criminal DUI, the State Attorney's office, where to find evidence from a criminal file, and what kind of testimony to expect related to driving while impaired.  

If you or your loved one was injured or killed in a vehicle accident involving an intoxicated driver, call The Law Offices of Reese Harvey today at (561) 691-4511.  We provide you and your family compassionate legal representation while aggressively fighting for the money you deserve and need so you can begin to piece your life back together.


DRUNK DRIVING ACCIDENT FAQs

  • What compensation is available for victims of drunk drivers?  When a drunk driver causes an accident, Florida Law allows you to file a personal injury lawsuit against the driver for the damages your or a loved one suffered.  The types of damages you can sue for are:
    • Medical expenses, including the cost of future care
    • Pain and suffering if you have suffered a permanent injury
    • Lost wages, including future lost wages if your injuries have impaired your ability to earn a living
    • Disfigurement, such as scars
    • Punitive damages
  • When is a bar or restaurant responsible for a drunk driver causing an accident?  Florida Statute 768.125 states that individuals or companies who sell or serve alcohol are not liable for injuries or damages caused by the drunk driver except in two exceptions:
  1. If the drunk driver was under the age of 21, the individual who served the alcohol can be held liable for damages.  The statute doesn't contain any knowledge requirement, presumably because the serving party has a duty to ensure that everyone they sell or provide alcohol to is of legal age to consume it.
  2. Parties who serve a person who they know is "habitually addicted to the use of any or all alcoholic beverages" may be liable for injury and damages caused as a result of the intoxication.  In these cases, the courts have held that there is an obvious forseeable risk of injury when you provide alcohol to persons who lack the ability to make responsible decisions in the consuption of alcohol.  Coker v. Wal-Mart Stores, 642 So. 2d 744 [Fla. 1994].
  • What are punitive damages?  They are damages to punish someone's wrongdoing.  Also known as "exemplary damages", these damages were first awarded as a way to punish large companies when their actions were so reckless that the other side could claim those actions were purposeful.  Punitive damages can be awarded in drunk driving accidents and other types of personal injury cases when the actions of the at-fault party are inexcusable.

Payment for punitive damages can be much higher than your actual losses from the accident.  In Florida, a personal injury trial can consist of two phases.  Phase one addresses the acutal damages you suffered from the accident, including medical expenses, lost wages, loss of enjoyment of life, and pain and suffering.  The second phase allows the jury to award punitive damages.  By awarding punitive damages, the jury is sending a message that it will not tolerate the behavior that led to your injury.

If you or someone you know has been injured or killed by a drunk driver, you need an experienced attorney aggressively fighting for your or your loved one's legal rights.  Call The Law Offices of Reese Harvey today at (561) 691-4511 for a free, no obligation consultation.


* The answers to these questions are not legal or medical advice and should not be relied upon or used as a basis for any particular course of action.  Feel free to call The Law Offices of Reese Harvey.  We will be happy to answer your questions and explain your rights.

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