It should not come as a surprise to anyone that driving while under the influence of drugs or alcohol is dangerous. In fact, it is so dangerous that all 50 states have agreed to make it illegal to operate a vehicle while under the effects of drugs or alcohol. Not only is drunk driving illegal under the the criminal statutes of Florida, but also it can also give rise to civil liability in certain situations in which a drunk driver causes an injury to another motorist, passenger, or pedestrian.
In Florida, a driver is per se “drunk” if they have a blood-alcohol content of .08 or greater. However, even if a driver’s blood-alcohol content is below that amount, they may still be in violation of the State’s ban on intoxicated driving if they have any quantity of alcohol in their system such that their “normal facilities are impaired.” This means that a driver can be considered under the influence even if they do not have a blood-alcohol content of .08 or greater. This same analysis applies to the use of prescription drugs. If a driver is impaired by the use of a prescription drug, they may still be found to have been intoxicated under the law.
This is important for those who have been injured by a driver whom they suspect was under the influence of drugs or alcohol. The negligence laws of Florida allow for injured accident victims to seek compensation from those who are responsible for their injuries. However, before an injured party is entitled to compensation, that party must first prove that the other driver was negligent in the operation of their vehicle. One way to do this is to show that they were legally “drunk” or otherwise intoxicated at the time of the accident, and that their intoxication caused the accident.
Two Killed in Alcohol-Related Accident
Earlier this month, two people were killed when the driver of the car lost control of their vehicle and crashed it into a concrete pillar. According to one local news source, the accident took place near the Palm Beach Polo and Country Club at around 3:25 in the morning.
Emergency responders arriving on the scene pronounced the passenger of the vehicle dead upon their arrival. The driver of the vehicle was immediately transported to the hospital, where he too was pronounced dead a short time later. After an initial investigation, police believe that alcohol was a factor in the late-night accident. An investigation is ongoing, with the results still pending.
Have You Been Injured in a Drunk Driving Accident?
If you or a loved one has recently been injured in a South Florida auto accident, you may be entitled to monetary compensation. Even if you were in the car with the drunk driver, that driver still owed a duty to you, the passenger, to operate the car in a safe manner. To learn more about drunk driving accidents, and how you may be able to recover financially for your injuries, call the South Florida personal injury law firm of Cecere Santana Castrillon at 800-753-5529 to set up a free consultation.
More Blog Posts:
Florida Workplace Accidents: Workers’ Compensation or a Personal Injury Lawsuit?, Cecere Santana Castrillon Injury Lawyers Blog, published December 7, 2015.
The Lasting Effects of Serious Auto Accident Injuries, Cecere Santana Castrillon Injury Lawyers Blog, published January 7, 2016.