Ocala Injury Lawyers Blog
A Florida mother participated in some particularly egregious behavior that resulted in a disturbing accident earlier this month. According to a Florida news report, the 28-year-old pregnant mother of two was driving her vehicle drunk when she rear-ended a Buick. The impact of the accident caused one of her twin babies to be ejected from their seat and land on the floor of the car. Police reported that when they pulled the woman over they only noticed one of the children because the other baby was on the floor next to a beer can. Neither of the children were wearing seat belts at the time of the accident.
Reports indicate that the woman’s blood alcohol level was three times the legal limit of .08. It seems that she was engaged in a verbal argument with other individuals in the car right before the accident occurred. Police officials explained that when they tried to question the mother she was not coherent. The woman has been charged with driving under the influence. The children’s father took the infants to the hospital, and the Florida Department of Children and Families has since become involved.
Drunk Driving Laws in Florida
Driving entails a certain amount of risk, since drivers cannot control the actions of others. However, this risk is exponentially increased when other drivers are under the influence of drugs or alcohol. In Florida, unfortunately, many fatal car accidents each year are a result of a driver being under the influence of either drugs or alcohol. Florida, like many other states, categorizes a person as “under the influence” if their blood alcohol content is .08 or higher. These limits can differ, however, depending on the age of the individual and the type of vehicle the person is driving.
Negligence Per Se in Florida
When a person is found to have committed an act that is specifically prohibited by law, they may be found negligent per se. This theory presumes that an individual who is participating in a prohibited activity can automatically be considered negligent. Driving drunk is considered negligent per se in Florida because the law is designed specifically to protect individuals from injuries that can result from an impaired driver. Unlike some other types of negligence cases, the victim does not need to establish the first two prongs of a negligence analysis: duty and breach. These two elements are assumed in car accidents involving drunk driving. The victim still must show that they suffered injuries and damages.
Drunk Driving Personal Injury Suits in Florida
If you or a loved one has been injured or killed because of a drunk driver, you may be able to seek compensation for those injuries. It is recommended that you contact an experienced attorney at the Dean Law Firm to discuss your legal rights and potential remedies. You may be able to file a suit against the driver and, in some circumstances, against the establishment that provided alcohol to a drunken individual. You may be entitled to monetary compensation for your medical bills, lost wages, pain and suffering, and other related expenses. Contact the Dean Law Firm today at 352-387-8700 to schedule a free initial consultation.
More Blog Posts:
Two-Year-Old Florida Boy Killed in Drunk Driving Accident, Ocala Injury Lawyers Blog, published March 11, 2015.
Florida’s “2 Drunk 2 Care” Driver Pleads Guilty to DUI Manslaughter in Fatal Crash, Ocala Injury Lawyers Blog, published March 3, 2015.