Personal Injury and Medical
Malpractice Victims
Most people are aware of the dangers of driving while intoxicated, but drunk driving accidents nonetheless occur frequently throughout South Florida. Drunk driving accidents often occur at a high rate of speed, causing catastrophic injuries or death. If you were injured in a drunk driving car accident, it is crucial to retain an assertive Fort Lauderdale car accident lawyer who is adept at recovering tens of millions of dollars in damages in personal injury lawsuits to provide you with a strong chance of a successful outcome. After helping injured accident victims for more than twenty-seven years, Joseph I. Lipsky has the experience and knowledge needed to prove the liability of the parties that caused your harm, and to help you pursue any damages that you may be owed under the law.
Under Florida law, it is illegal for anyone to drive or control a vehicle with a blood alcohol concentration of .08% or higher, or while under the influence of alcohol or drugs. Florida deems a person to be under the influence if he or she is impaired or lacks his or her normal faculties.
In most Florida car accident cases, a person injured in the accident will claim that the defendant is liable under a theory of negligence. In Florida, to hold a defendant liable under a negligence theory, the injured person must show that the defendant owed him or her a duty to conform to a certain standard of conduct and that the defendant breached the duty. The injured person must also show that the breach was the cause of his or her alleged harm and that he or she suffered actual injuries.
Lawsuits arising out of drunk driving car accidents differ from some car accident lawsuits in that the duty imposed on the defendant driver is defined by law. When a law is designed to protect a certain class of people from a certain type of injury, anyone who violates the law likely will be found negligent because a reasonable person would comply with the law and refrain from causing unnecessary risks to other people. Thus, if the injured person can establish that the defendant driver was intoxicated at the time of the accident, this likely will be sufficient to show that they failed to use the appropriate care.
Drunk driving lawsuits are also different from other car accident cases in that in addition to pursuing claims against the driver who caused the accident, the injured person may be able to pursue claims against the bar or restaurant that sold the defendant driver alcohol. In Florida, liability can be imposed on a commercial seller of alcoholic beverages if the seller knowingly served a person who is habitually addicted to consuming alcoholic beverages, and the person subsequently causes harm due to his or her intoxication. The injured person and their attorney can prove that the defendant driver is habitually addicted to alcohol via circumstantial evidence alone, such as statements of the defendant and other individuals, as well as the opinion of a substance abuse expert.
Drunk driving car accidents can cause significant and lasting harm, and they are almost always caused by the negligence of one or more parties. If a drunk driver hit you, you should make sure to hold them accountable for your losses. Joseph I. Lipsky is a knowledgeable personal injury attorney who will aggressively advocate on your behalf to help you seek the damages that you may be owed. Mr. Lipsky represents people in lawsuits arising out of drunk driving car accidents in Fort Lauderdale and elsewhere in Palm Beach, Orange, Broward, Miami-Dade, and Monroe Counties, including in West Palm Beach, Orlando, Miami, and Key West. We have offices in Plantation, Miami, West Palm Beach, and Delray Beach. You can contact us at 1-888-352-5298 or via the online form to schedule a confidential and free meeting regarding your potential claims.