West Palm Beach Drunk Driving Accident Lawyer
Drunk driving accidents are 100% preventable, and those who commit the act of driving under the influence of alcohol face harsh penalties. Even though driving under the influence (DUI) carries criminal penalties, an experienced West Palm Beach drunk driving accident attorney from Wolf & Pravato can help victims injured due to a drunk driver file civil claims for damages, or in certain cases, the establishment that served the alcohol to the driver.
Florida Drunk Driving Laws
In the State of Florida, driving under the influence of alcohol is legally defined as driving with a blood alcohol content (BAC) of 0.08% or higher for people aged 21 and over. For minors under the age of 21, the maximum BAC is 0.05%. Penalties for driving under the influence can include monetary fines, jail or prison time or the suspension or revocation of the driver’s license. Statistics also show that the number of DUI accidents in West Palm Beach are consistently higher than those for the state of Florida as a whole.
West Palm Beach, Florida Dram Shop Law
Dram shop laws are meant to hold liable any drinking establishments, such as bars and restaurants, if that establishment serves alcohol to a person who is already visibly intoxicated. The establishments may be responsible for damages to anyone injured by those to whom they served alcohol.
The State of Florida, however, has a very limited dram shop law. Under Florida law, people or establishments that sell alcohol are not held liable for accidents caused by the people they served unless that individual is a minor or if the person is known to be “habitually addicted” to alcohol.
If alcohol is sold to a person who is known to have a history of alcohol addiction, the court can view that person as a “foreseeable risk of injury” due to his or her incapability of making responsible decisions regarding alcohol. Although there are limitations to liability under civil law, a business owner who was negligent in serving alcohol may face repercussions under criminal law.
If an intoxicated minor causes an accident after being sold alcohol, the state imposes “strict liability,” which means that the establishment will be liable for damages, whether they knew the person served was under 21 or not.
West Palm Beach DUI Accident Lawyers
As with any car accident caused by a negligent driver, the victim of a drunk driving accident will need to prove that the other driver owned a duty of care, and that the duty was breached, resulting in an accident that caused injury. By definition, drunk driving is a breach in the duty of care, so we will need to show that the driver was intoxicated at the time of the accident. The DUI accident attorneys from Wolf & Pravato will fight for you in court in order to get you the compensation you deserve for your medical bills, lost wages and even pain and suffering. The families of victims killed by drunk drivers may be eligible for wrongful death damages.
Additionally, punitive damages may be possible due to the egregious act of driving under the influence of alcohol. It may be possible to punish the drunk driver by having him or her pay punitive damages. This will also work to serve as awarding to others who may get behind the wheel after having too much too drink.
After a drunk driving accident, contact the West Palm Beach drunk driving accident lawyers from Wolf & Pravato. We will answer all of your questions, explain your rights and help you to achieve justice. Call us at 1-954-633-8270 or fill out our online contact form.