Drunk Driving Accidents

Pensacola Drunk Driving Accident Attorneys

Representing Victims & Their Families

In the United States, someone dies from a drunk driving-related accident every 45 minutes. According to the National Highway Traffic Safety Administration (NHTSA), more than 11,000 people died in drunk driving crashes in 2020, marking a 14% increase in impaired driving fatalities from the previous year.

Unfortunately, Florida continuously ranks among the top three worst states for drunk driving alongside California and Texas. According to auto insurance company Bankrate, these three states accounted for almost 30% of all alcohol-related deaths in the nation between 2008 and 2019.

Driving under the influence (DUI) is a crime in Florida, one that comes with harsh criminal and administrative penalties. Drunk drivers can also be held accountable for the injuries and damages they cause in civil lawsuits. By filing a drunk driving accident claim, you can seek fair compensation and the justice you deserve.

Injured by a drunk driver? Contact the Law Office of J.J. Talbott to speak to one of our Pensacola drunk driving accident attorneys about your legal rights: (850) 695-8331.

Florida DUI Laws

In Florida, it is illegal for anyone to operate a motor vehicle while under the influence of alcohol or drugs. To be considered “under the influence,” an individual must be “deprived of full possession of normal faculties,” which is usually—but not always—measured by blood alcohol concentration (BAC).

Florida DUI laws prohibit the operation of a motor vehicle with the following BAC levels:

0.08%: No one, regardless of age or driver’s license class, may operate a motor vehicle with a BAC of 0.08% or above in Florida
0.04%: The legal limit is 0.04% for commercial driver’s license holders who are operating commercial vehicles in Florida
0.02%: Minors, or those under the legal drinking age of 21, may not operate a motor vehicle in Florida with a BAC of 0.02% or above

People who violate the state’s DUI laws face various criminal and administrative penalties, including jail or prison time, steep fines, driver’s license suspension or revocation, and mandatory installation of ignition interlock devices (IIDs). While these penalties can help deter motorists from getting behind the wheel while intoxicated, they do little to compensate victims of drunk driving accidents.

The Effects of Drunk Driving

Consuming alcohol impairs various functions needed to safely operate a motor vehicle, such as coordination, alertness, judgment, and reaction time. As a result, drunk drivers are significantly more likely to cause car crashes than motorists who are not impaired. Additionally, drunk driving accidents are more likely to result in catastrophic injuries and deaths, as drunk drivers typically fail to take necessary actions to avoid a collision, such as braking.

For victims, the effects are devastating. Many suffer life-changing injuries, leading to extreme physical, psychological, and financial hardships.

Some of the most common injuries arising from impaired driving-related crashes include:

Broken bones/fractures
Head and neck injuries
Traumatic brain injuries
Spinal cord injuries
Partial or complete paralysis
Soft tissue injuries
Internal bleeding
Damage to internal organs
Traumatic amputation

Tragically, many drunk driving accident victims do not survive. Families who are left behind may struggle to cope with the immense emotional and economic consequences of the loss.

At the Law Office of J.J. Talbott, our Pensacola drunk driving accident lawyers understand just how devastating these crashes are, both for victims and their families. We are here to help you seek justice. If you were injured or your loved one was killed by a drunk driver, you likely have grounds for a personal injury or wrongful death lawsuit. While no amount of financial compensation can undo the tragic events that have happened, a fair settlement or verdict can allow you to secure the financial resources needed to manage unexpected expenses so that you can begin to heal.

How Is a Drunk Driving Accident Claim Different from a DUI Case?

A drunk driving accident claim is a civil action, whereas a DUI case is a criminal one. Civil actions go through civil court, as opposed to criminal court, and allow the people who bring these claims (known as “plaintiffs”) to seek financial restitution for certain losses, or “damages,” they have sustained.

Common damages in drunk driving accident claims include:

Medical expenses
Future medical care
Rehabilitation
Medications
Medical equipment/devices
Hospital fees
Ambulance/emergency transportation costs
Lost income and/or wages
Lost employment benefits
Physical and mental pain and suffering
Emotional distress
Diminished enjoyment/quality of life
Loss of earning ability
Loss of future income
In-home care and assistance
Funeral/burial expenses
Miscellaneous out-of-pocket expenses associated with the accident

Criminal DUI cases and civil drunk driving accident claims can proceed simultaneously. Additionally, the outcome of one case does not necessarily affect the outcome of the other, though a criminal DUI conviction can serve as strong evidence in a civil lawsuit.

Florida Dram Shop Laws

In some cases, it may be possible to bring a lawsuit against an establishment or vendor that provided a drunk driver with alcohol before the crash, either in addition to or in place of filing a claim against the drunk driver.

Under Florida’s “dram shop” laws, an establishment or vendor can be held liable for injuries and damages caused by an intoxicated individual if:

The intoxicated individual was under 21, and the establishment or vendor “willfully and unlawfully” provided them with alcohol
The establishment or vendor “knowingly” provided alcohol to someone who was “habitually addicted” to alcohol

Additionally, an establishment or vendor can only be held liable if the alcohol provided was meant for immediate consumption. This means that places like bars, taverns, restaurants, and certain venues could potentially be liable, whereas places like grocery stores or liquor stores cannot. And, unlike some states, Florida does not have a “social host” law, meaning you cannot hold a social host (i.e., someone who throws a party or has people over to their home) liable for injuries or damages caused by an intoxicated individual, even if the social host provided that individual with alcohol.

Why Hire a Drunk Driving Accident Attorney?

Drunk driving accident claims tend to fall outside Florida’s no-fault laws, as most drunk driving accident victims sustain catastrophic injuries that meet the state’s “serious injury” threshold. In other words, these cases are usually much more complex than standard car accident claims. It is very important that you work with an experienced attorney who can help you present evidence, negotiate with the insurance company, and seek fair compensation for all of your damages.

At the Law Office of J.J. Talbott, our Pensacola drunk driving accident attorneys have decades of combined experience and have recovered more than $100 million in compensation. We treat every client like a member of our family and every case as though it is our only one. When you hire our firm, you do not pay any upfront or out-of-pocket legal expenses. Instead, we only get paid if we recover a settlement or verdict on your behalf.

Contact our firm today at (850) 695-8331 to learn how we can help you with your case.

Continue Reading Read Less

Our Clients Say It Best

"Has always done it correctly and thoroughly. You can give complete trust to J.J. and the whole Talbott staff."

- Brian C.

All Testimonials

Request a free Consultation

Tell Us About Your Case

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy