Earlier this year, a 28-year-old woman was charged with DUI and child neglect after she crashed into a tree while her toddler was on her lap, unsecured by any seatbelt or safety device. To make matters worse, the woman’s blood alcohol content was three times the limit at the time of the accident.
According to a report by News 13, the accident occurred late on a Saturday at the intersection of Southwest 10th Street and Southwest 27th Avenue in Ocala. When police arrived on the scene, the woman was outside of the vehicle attempting to get her 6-year-old son out of the back of the car. A witness to the accident, a teenage boy, was holding the woman’s other child, a two-year-old autistic boy. The witness told police that the child was on the woman’s lap at the time of the accident.
Police also noticed that the woman was not stable on her feet and was making strange, inappropriate comments about how she had just washed her car. Upon testing the woman, the police determined that she was legally intoxicated.
Drunk Driving in Florida
In Florida, drunk driving is defined as operating a motor vehicle with a blood or breath alcohol content of .08 or greater. While there is no formula to determine how quickly a person gets to the limit, some people use the following guideline: three drinks in two hours puts an average sized male driver at risk of being over the limit.
When a driver decides to get behind the wheel of a car after drinking, they are taking not only their own life in their hands, but also the lives of any other motorists or pedestrians they encounter. The law defines this conduct as negligent.
Accidents Caused By a Drunk Driver’s Negligence
In Florida, accident victims are entitled to recover for their property damage and personal injuries from the drunk driver who caused the accident. Unlike some other situations involving negligence, the defendant’s conduct at issue is against the law. This makes the plaintiff’s job easier by decreasing the number of elements the plaintiff must prove at trial in order to recover. For example, a drunk driving accident victim does not usually need to prove that the underlying conduct was negligent, the fact that the conduct was against the law is usually sufficient to prove that element.
Have You Been Injured in a Florida Drunk Driving Accident?
If you or a loved one has recently been involved in a Florida drunk driving accident, you should speak with one of the dedicated Ocala personal injury attorneys at the Dean Law Firm as soon as possible. By speaking with an experienced Florida personal injury attorney, you will be able to gain a better grasp of what to expect, moving forward. And with the assistance of the Dean Law Firm behind you, you will be able to rest assured knowing that you have a dedicated team of knowledgeable, skilled attorneys behind you. Click here, or call 352-387-8700 to schedule a free initial consultation with an attorney today.
More Blog Posts:
Florida Court Explains When the Procedural Requirements for Medical Malpractice Cases Apply, Ocala Injury Lawyers Blog, published May 29, 2014.
Pothead Princess Claims She Can’t Remember Causing the Traffic Accident that Killed Two, Ocala Injury Lawyers Blog, published May 27, 2014.