You may be quick to blame a drunk driver who strikes your vehicle. With this, you may assume you must place your personal injury claim against them. But after receiving more context from the official accident report written by the responding law enforcement officer, you may realize that other at-fault parties were potentially at play. Specifically, a restaurant, bar, or other establishment that the drunk driver was a patron at beforehand. With that being said, please follow along to find out how Florida’s dram shop laws might affect your drunk driving accident claim and how a proficient Panama City car accident attorney at Manuel & Thompson, PA can help you establish the right elements as true.
How do Florida’s dram shop laws affect my auto accident claim?
Dram shop laws are observed by 42 states and Washington, D.C., all of which enforce different variations. In the state of Florida, an establishment that sells or furnishes alcohol may be held accountable for the careless actions of their intoxicated patrons. Such negligent actions extend to getting behind the wheel and initiating an auto accident.
Specifically, you may pursue legal action against an establishment if they knowingly served a patron not of lawful drinking age (i.e., under 21). Or, if they knowingly served a patron habitually addicted to the use of any or all alcoholic beverages.
Of note, unlike other states, an establishment cannot be held responsible for knowingly serving a patron who appears visibly intoxicated. Plus, a social host of a private party or event cannot be held liable under any of these circumstances.
What do I need to prove for my drunk driving accident claim?
Arguably the best thing you can do after your auto accident caused by a drunk driver is to call a law enforcement officer to the scene. This is because, as already mentioned, they may conduct an official accident report. This may ultimately establish how dram shop laws can apply to your personal injury claim.
For example, in their statement, the drunk driver may mention the establishment they were leaving from at the time of the accident event. The officer may write down their driver’s license information, which includes their date of birth, and indicate how they are younger than the legal drinking age. This is not to mention a record of their blood-alcohol content (BAC) level at the time, which may solidify that it was over the legal limit of 0.08 percent.
With that, the drunk driver may not openly admit whether they already have a history of driving under the influence (DUI) offenses. Or, if they have a history of attending rehabilitation programs for drinking. These both may be important indicators of their addiction issues, which an establishment may have reasonably known about. So, you may have an attorney run a background check to dig up this information on your behalf.
If you need recovery urgently, please do not miss another opportunity to schedule an initial consultation with a talented Panama City auto accident attorney from Manuel & Thompson, PA. Contact our firm today.
