Drunk and drugged driving are two of the leading causes of fatal Florida car accidents. In fact, each year, there are over 400 fatal car accidents in Florida involving alcohol intoxication. In addition, there are another nearly 300 fatal accidents involving drugged driving.
Of course, driving while under the influence of either drugs or alcohol is illegal, and anyone who is caught doing so – even when an accident is not involved – can face criminal penalties. However, when a Florida drunk driver causes a collision with another motorist, the drunk driver can also be held liable for any injuries that result through a personal injury lawsuit.
In order to succeed in a personal injury lawsuit, a car accident victim must be able to establish that the at-fault driver violated a duty of care that they owed to the accident victim and that this violation resulted in their injuries. Normally, this involves establishing four elements: duty, breach, causation, and damages. However, if the defendant violated certain non-traffic statutes – such as the DUI statute – the accident victim can take a “shortcut” when proving their case through the doctrine of negligence per se.