The state of Florida allows car accident victims to seek compensation for the resulting economic and non-economic damages. If the driver was served too much alcohol at a local bar or tavern, the establishment could also be held financially liable. A lawyer can provide clarity and guidance on this specialized type of third-party insurance claim or lawsuit.
Florida car accident lawyers can guide you through the financial recovery process, including understanding Florida’s dram shop laws: holding bars accountable for drunk driving accidents. They can also help you understand the monetary value of your injury claim. Many law firms will offer a free drunk driving accident review that lets you find out what rights you have and how you can get the compensation you need and deserve.
Basics of Florida’s Dram Shop Laws for Drunk Driving Accidents
Holding bars accountable for over-serving patrons or serving underage drinkers begins with understanding Florida Statute § 768.125. It does not always hold a drinking establishment accountable for the actions and behavior of its patrons. The law allows you to hold them accountable if:
- They knowingly and illegally sell or supply alcohol to an underage individual
- They knowingly serve an individual who is addicted to alcoholic beverages
If you were involved in an accident with a drunk driver whose intoxicated state meets the criteria for dram shop liability, you could be entitled to compensation from the bar. Each of these two factors can be hard to prove on your own. A Florida drunk driving accident attorney can help you obtain the evidence you need to get the fair compensation you deserve.
How Do Florida Dram Shop Laws Affect Drunk Driving Accident Claims?
Dram shop laws govern any establishment that sells or serves alcoholic beverages, including bars, taverns, restaurants, etc. You could build a solid claim for compensation from a bar if the at-fault driver:
- Did not have insurance at all
- Did not have enough insurance
- Fled the scene of the accident
Dram shop liability Florida laws mean these circumstances do not have to leave you with financial hardship due to another driver’s negligence. Proving the bar knew the patron was not of lawful drinking age or was aware of their drinking habits can be challenging. A lawyer can help you build a strong case and fight for favorable compensation.
What Evidence Can Prove Bar Accountability Drunk Driving Accidents?
Proving the bar overserved a patron with a known alcohol addiction or one who was under the legal drinking age can be challenging. Types of evidence you can collect to support your compensation request can include:
- Proof of the age of an underage drinker, including fake IDs
- Proof the habitual addict was a regular patron at the bar in question
- Witness statements from bar patrons and employees
- Speak to family members and friends of the at-fault driver
- Proof the at-fault driver was apparently intoxicated
- Security footage from the bar or from patron’s smartphones
- Receipts showing the responsible party’s alcohol purchases
A lawyer can also identify and consult with alcohol and addiction experts. They can also obtain the intoxicated driver’s blood alcohol content (BAC) levels and driving history.
How a Lawyer Can Help with Florida Drunk Driving Accident Claims
You are not required to hire a lawyer after a drunk driving accident. Having one can mean numerous benefits, especially when you are taking legal action against an establishment. A lawyer will have familiarity with motor vehicle accident, personal injury, and insurance laws that can benefit your claim.
If you are represented by a lawyer, they will:
- Communicate with one or more insurance companies
- Obtain, complete, and submit insurance claim forms
- Interview bar patrons and other witnesses at the establishment
- Interview eyewitnesses who saw the auto accident
- Collect evidence that proves the bar violated dram laws
- Gather evidence during depositions and discovery
A lawyer can establish the elements of negligence, holding both the vehicle driver and the bar financially liable. They can also keep you updated on the development of your case with regular and informative progress reports.
Financial Compensation You May Recover from a Bar Under Dram Shop Laws
The damages you can recover from a negligent establishment include economic, non-economic, and wrongful death damages, if applicable. Economic damages—easily documented and assessed—include:
- Current and future medical bills
- Current and future loss of income
- Loss of future earning ability
- Property damage or destruction
- Diminished property value
Non-economic damages—intangible and harder to document on your own—include:
- Disfigurement and disability
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
Wrongful death damages for families who lost a loved one in an alcohol-related accident include funeral and burial expenses and loss of the decedent’s financial and domestic support. They also include the loss of consortium, companionship, guidance, and care.
Complying with Florida’s Statute of Limitations for Dram Shop Lawsuits
Like all personal injury claims, a potential lawsuit against an establishment must be filed in compliance with Florida’s statute of limitations. In general, Florida Statutes § 95.11 gives you two years to file your personal injury or wrongful death lawsuit. The potential consequences of not filing within this time limit are:
- You could be barred from filing it at all
- It could be immediately dismissed
- The insurer could refuse to negotiate
Some exceptions could also apply that alter the filing deadline, making it difficult to assess on your own. The best way to ensure compliance is to let a personal injury lawyer handle your legal claim for you.
Contact Our Law Firm to Learn More About Florida’s Dram Shop Laws
If you or a loved one was injured by a drunk driver, you could have multiple avenues for obtaining compensation. In some cases, if the driver was overserved at a bar or served alcohol while they were underage, the bar could bear some financial liability.
Learn more about understanding Florida’s dram shop laws: holding bars accountable for drunk driving accidents. Contact our legal team at the Law Offices of Wolf & Pravato today.
