Each holiday season, major cities across the nation see a spike in accidents involving intoxicated drivers. Most big cities will increase police patrols and set up various DUI checkpoints to help get drunk or intoxicated drivers off the road before they can cause serious damage. DUI accidents and those involved in them often have to live through years of guilt, even survivor’s guilt, and the injuries they experienced, all because of a lax holiday season. Whether you were a driver, passenger, it’s likely that a DUI accident would result in serious injury and maybe even lifelong disabilities.
You should certainly expect the number of DUIs to rise this holiday season and expect to see more patrols out as well. Unfortunately, in recent months the police are less certain of how to approach DUI checkpoints as many people are sticking to residential areas rather than bars and clubs. So what can you expect throughout this holiday season?
Fewer Out of State Travelers
One good bit of news is that Floridians should expect fewer out of state travelers this holiday season. Many out of state travelers will go out of their way to ensure that they rent a vehicle. However, many don’t know about Florida’s PIP policies or how to handle themselves on the streets. When people come in from out of state, they will often drink and then drive on unfamiliar roads in areas where they don’t know the speed limits or how to assess changing road conditions.
More House Parties and Fewer People Opting for DD’s
In June, the Florida Mayor of Pinecrest acknowledged that they have larger problems with house parties now than they ever did before COVID-19. He believes, and many agree that this is what is driving the ongoing spike in coronavirus cases in Florida. However, it is also responsible for the uptick in drunk drivers.
Unlike when they are in a bad situation, people are not hiring rideshare services to get from the party and to return home safely. Additionally, people are not opting for Designated Drivers either as they are assuming that it’s safe to go a few blocks. That’s not true. Drunk driving for any time is still drunk driving, and residential areas often have more pedestrians, children, and other drivers than commercial areas.
Do Homeowners Face Dram Shop Laws in Florida?
No. Florida does not use a social host liability situation as part of any of the dram shop laws in the state. However, there are some exceptions, including an ‘open house party’ exception that says anyone who has an ‘open’ house party involving minors is responsible for the minors in that situation.
Basically, if you have a party or small gathering, then you should restrict it to adults-only or make it clear that the gathering is upon invitation only. In that situation, you should have no extent of homeowners’ liability or dram shop liability if a person later injures themselves while intoxicated.
Can You Get Sued for A DUI in Florida this Holiday Season?
Absolutely you can sue someone for a DUI accident, and you can get sued for a DUI crash. If you were a DUI driver, you might have much more to handle than your PIP insurance. You might face personal legal challenges if you were the one who caused a drunk driving collision. Additionally, you may face other troubles after the legal resolution in that you may owe a substantial amount of money to the victim.
If you are the victim, then it’s possible to take that action to pursue full compensation for your damages. Unlike through a PIP claim, it’s possible to recover things such as lost wages, pain and suffering, and other financial damages as well.
Your Local Tampa Auto Accident Lawyer Answers Your Questions
If you were involved in a DUI accident, then you already know the extensive damage that can happen. However, you might need more support than you would in any other car crash resolution. Throughout the resolution process, you may have to prove that your injuries were a result of the other driver’s decisions and actions. You must work to prove that the DUI was inexcusable and evidently caused you harm.
Even in Florida, which is notorious for its no-fault system, you have the ability to recover compensation and file a formal claim. With a formal claim, you may even have the opportunity to seek out punitive damages for the harm and damage done that was entirely their fault. At Winters Yonker, we aim to provide an outstanding experience for the victims of crashes so they can devote more of their energy to their physical recovery.