Ocala Injury Lawyers Blog
A local teen was charged last week with manslaughter and DUI after an accident he caused in August of this year. According to a report by one Florida newspaper, the teenager was driving with three passengers around seven in the morning on August 15, 2014 near S.W. 5th Avenue and S.W. 17th Street. He was driving over 90 miles per hour when he lost control of his car.
The car proceeded to spin around and crash into a tree, mailbox, pole, another tree, and finally a second mailbox. Two passengers were taken to the hospital, and one of the passengers died at the scene of the accident after being thrown from the car. No one in the car was wearing a seat belt at the time of the accident. At the hospital, the driver’s blood-alcohol content was tested and was determined to be .182. He also tested positive for marijuana. The teenager was charged with DUI and manslaughter, and his arraignment will occur later this month.
Florida DUI and Negligence
In Florida a person can be found driving under the influence if his or her blood alcohol content is .08% or higher. However, if the driver is under the legal drinking age of 21, he or she can be found to be under the influence if his or her blood alcohol content is .02% or higher.
If an individual has been involved in a DUI accident in Florida, he or she may commence an action for negligence against the individual who was driving the other car and any other party that is responsible for the accident. The victim or the victim’s family must show that the wrongdoer:
- Failed to exercise reasonable care under the circumstances;
- Owed the victim a care of duty, which was breached; and
- The breach caused the victim’s injuries and actual damages.
An individual or family can also hold a wrongdoer liable under negligence per se. This theory covers situations when the wrongdoer violated a statute or ordinance. The plaintiff must establish that the law or regulation was put in place to protect individuals in a similar position. For example, in the case of a DUI, if the plaintiff can establish that the other driver was driving under the influence with a blood-alcohol content level of .08 or higher, and the accident and injuries were a result of that influence, he or she may be able to bring a claim under this theory of liability.
Have You Been Injured By a Drunk Driver?
The Dean Law Firm is comprised of dedicated attorneys who have a great deal of experience in personal injury cases. If you have been involved in an accident because the other driver was under the influence, you may be entitled to compensation. Compensation includes medical payment reimbursements for your past medical bills, your future medical expenses, and other damages related to the injuries you incurred as a result of the accident. DUI cases can involve a significant amount of preparation and research, in addition to the investigation of the accident and witnesses, and having a diligent attorney can be a great benefit. If you have been involved in this type of accident, contact our office at 352-387-8700 to speak to one of our attorneys and set up a free initial consultation.
More Blog Posts:
Florida Helicopter Crash Results in $16 Million Verdict, Ocala Injury Lawyers Blog, published October 3, 2014.
Tampa City Truck Driver Kills Toddler in Accident, Ocala Injury Lawyers Blog, published September 12, 2014.