The holiday season—from Thanksgiving to New Year's—is a time of celebration. Unfortunately, in Florida, it is also the deadliest time of year on our roads. Increased congestion, stressed drivers, a...
The holiday season—from Thanksgiving to New Year's—is a time of celebration. Unfortunately, in Florida, it is also the deadliest time of year on our roads. Increased congestion, stressed drivers, and a massive spike in alcohol consumption lead to a surge in accidents. Understanding the risks can help you stay safe, and knowing your rights can help you recover if the worst happens.
The Grim Statistics
According to the Florida DHSMV, alcohol-related crashes spike significantly during holiday weekends. New Year's Eve is particularly notorious. But it's not just drunk driving; 'drowsy driving' from long road trips and 'distracted driving' from checking maps or texts also contribute to the holiday carnage.
DUI Civil Liability
If you are hit by a drunk driver, you have a strong case. Not only is liability usually clear (negligence per se), but you can also seek Punitive Damages. These are extra damages meant to punish the driver. Furthermore, drunk drivers cannot discharge their debt to you in bankruptcy.
Social Host Liability
If a holiday party host serves alcohol to a minor who then drives and causes a crash, the host can be liable. However, Florida law generally protects hosts who serve adults, unless the adult was known to be habitually addicted to alcohol. This is a complex area of law we investigate thoroughly.
Defensive Driving Tips
Avoid driving late at night on holidays (the 'witching hour' for DUIs). Watch for erratic lane changes. If you see a suspected drunk driver, stay back and call *FHP (*347).
Contact Emas Law Group Today
We hope your holidays are filled with joy, not legal battles. But if a reckless driver ruins your celebration, Emas Law Group is here to pick up the pieces. We are available 24/7, even on holidays, to assist you.
Frequently Asked Questions
Can I sue the bar that served the driver?
Under Florida's Dram Shop Law, yes, but only if they served a minor or a known habitual alcoholic.
What if the drunk driver has no insurance?
This is why Uninsured Motorist (UM) coverage is vital. It will pay for your injuries if the drunk driver is uninsured.
Do I get more money if they were drunk?
Often, yes. The threat of punitive damages usually forces insurance companies to offer higher settlements to avoid a jury trial.