Drunk Driving Accidents

Drunk driving accidents are rather common on Florida’s roadways. According to the National Highway Traffic and Safety Administration (NHTSA), “[d]rivers are considered to be alcohol-impaired when their blood alcohol concentrations (BACs) are .09 grams per deciliter (g/DL) or higher.”  Drunk driving causes serious cognitive functions to be compromised while driving, making the ability to make proper decisions or respond fast enough to a sudden incident difficult. Drivers operating a motor vehicle under the influence end up causing danger to not only themselves but also to their passengers and other incident people on the roadways.  

According to the Fatality Analysis Reporting System (FARS), within a nine-year period, 8,476 people were killed in crashes involving drunk drivers. Also, statistics show that the state of Florida has a higher percentage of adults who reportedly drive after drinking excessively. The stats are sobering, as they reveal the dangers that cautious, reasonable drivers are exposed to through no fault of their own. 

If you have been injured in a drunk driving accident, you are not without options. Under Florida law, you may be entitled to significant damages. Call an experienced auto accident lawyer at Searcy Denney today. Our team is standing by to fight for you. Below, our Florida drunk driving accident lawyers discuss some of the unique issues encountered in drunk driving disputes.

SHOCKING DRUNK DRIVING STATISTICS 

The NHTSA reports that, based on 2020 data, 32% of all traffic fatalities in the United States each year are the result of crashes in which at least one driver was alcohol impaired. One alcohol-impaired-driving fatality occurred every 39 minutes that year.

Here are some other disturbing statistics:

• 13,524 people died as a result of drunk driving accidents in 2022, a slight increase from 2021 (13,617 deaths).

• The 21 to 24-year-old age group was the highest percentages of alcohol-impaired drivers involved in fatal crashes, followed closely by 25- to 34-year-olds (28%). In comparison, only 8% of drunk drivers in fatal crashes were 75 years old or older. 
• 2022 data indicates that there were four male alcohol-impaired drivers for every female alcohol-impaired driver involved in alcohol-related crashes.
• In Florida, deaths as a result of drunk driving crashes accounted for 27% of the state’s total traffic fatalities, 5 points below the national percentage.

STATISTICS INVOLVING CHILDREN

A total of 1,129 children 14 and younger were killed in motor vehicle traffic crashes in 2022. Of that number, 283 (25%) died in alcohol-impaired crashes. Of these child deaths caused by drunk driving accidents: 

• 53% were passengers of vehicles with drunk drivers
• 31% were occupants of other vehicles
• 14% were nonoccupants, such as pedestrians or pedalcyclists
• 1% were child drivers

CRASH CHARACTERISTICS AND CONDITIONS 

The 2022 NHTSA report analyzes crash data and presents various conditions and characteristics of the alcohol-impaired driving crashes that took place. Below are some of the findings from the report:

• More accidents occurred in July (10%) and August (9%) than in other months, while February had the lowest percentage of accidents
• 92% occurred in clear/cloudy conscious compared to 6% in rainy conditions and 2% in other conditions
• 68% occurred in the dark compared to 28% in daylight
• 62% occurred in urban areas, 38% in rural areas
• 17% of all drivers involved in fatal crashes involving drunk drivers that occurred during the week as compared to 29% on weekends
• The rate of alcohol impairment among drivers in fatal crashes was at night almost triple that during the day, 32% compared to 11%

ECONOMIC COST FOR ALL TRAFFIC CRASHES

In addition to serious injuries and fatalities, auto-related crashes, including those caused by drunk drivers, also have economic costs. In 2022 in the United States, the estimated economic cost of all motor vehicle accidents was $340 billion. Of that number, alcohol-related crashes cost approximately $58 billion. These economic costs included, for example, but are not limited to:

• Medical costs
• Legal costs
• Insurance costs
• Property damages
• Workplace and productivity losses

FLORIDA LAWS ADDRESSING INTOXICATION AND FAULT 

Normally in car accident cases, the injured plaintiff must prove that the defendant-driver acted negligently under the circumstances. For example, let’s say there’s a speeding driver who loses control of their vehicle and collides with a pedestrian. Excessive speeding would constitute negligence, and it is actually what caused the pedestrian to suffer injuries. This is a generally straightforward case, but these “fault” considerations can get complicated in other situations.

Fortunately, you do not have to worry about proving negligence or fault in a drunk driving accident dispute. If you can prove that the defendant was intoxicated or “high” at the time of the accident, then it is not necessary for you to establish that the defendant violated the standard of care. Their violation of the law (which prohibits drivers from operating vehicles while intoxicated) qualifies as a “per se” act of negligence, which means fault is presumed.

The challenge, then, is proving that the individual was actually intoxicated at the time of the car accident at issue and that their intoxicated state contributed to the accident. Their impairments must be linked to the accident. If a defendant becomes intoxicated but pulls into a parking lot and parks their car (which you then collide with), they may not actually be responsible for the accident. Intoxication is not automatic liability, but it certainly makes it easier to find liability.

CRIMINAL PROCEEDINGS DO NOT GUARANTEE YOU WILL WIN YOUR FLORIDA DRUNK DRIVING ACCIDENT CLAIM 

Often, drunk driving accidents lead to criminal litigation against the defendant. As the injured plaintiff, this can be confusing, particularly if the defendant “gets away with” their crime of drunk driving. Specifically, you might be wondering if you will lose your civil lawsuit given that result. The answer is: No, not necessarily.

It is worth noting that criminal proceedings have stricter standards (“beyond a reasonable doubt”) than civil proceedings (“more likely than not”). The defendant can be found innocent of drunk driving under the beyond-a-reasonable-doubt standard but be found liable under the more-likely-than-not standard. As such, our Florida car accident lawyers encourage clients not to use the criminal proceedings as a yardstick of success in a civil matter.

OUR LAWYERS MAY BE ABLE TO PURSUE PUNITIVE DAMAGES 

Bonus punitive damages may be available in your case, though such damages are only infrequently awarded. In Florida, punitive damages may be awarded in cases where the defendant-driver acts maliciously, willfully, and/or with reckless disregard for the safety of others.  Drunk driving accidents may qualify, depending on the circumstances.

SUING MULTIPLE DEFENDANTS FOR A FLORIDA DRUNK DRIVING ACCIDENT 

If you have suffered significant losses that the defendant-driver cannot cover (they have minimal auto insurance, and minimal personal assets), all is not lost. You may still be able to recover (at least partially) by suing other liable defendants.

In drunk driving cases, there are a number of defendants who can potentially be held liable besides the driver:

• The driver’s employer (if the driver was intoxicated and got into the accident while acting within the course/scope of their employment)
• A business that served the driver alcohol despite that the driver is underaged, or served the driver alcohol despite the driver being a known alcoholic
• The owner of the vehicle if they negligently entrusted the vehicle to the drunk driving defendant

CONTACT SEARCY DENNEY FOR A FREE INITIAL CONSULTATION WITH A TOP FLORIDA DRUNK DRIVING ACCIDENT LAWYER 

Here at Searcy Denney, our team of Florida drunk driving accident attorneys has helped thousands of plaintiffs secure favorable results in a variety of disputes, including car accident litigation that centers around a drunk driving defendant.

We understand the substantial difficulties faced by those who are struggling with the financial, emotional and physical ramifications of a drunk driving car accident, and we are committed to working closely with our clients from start-to-finish to ensure that their lawsuit is given the time, resources and attention necessary to maximize the likelihood of success.

Ready to learn more about your case and what you need to do to move forward?  Call us at 1-855-436-3814 or contact us online to schedule a free and confidential consultation.