Can You File A Claim Against Someone Other Than The Drunk Driver?
Drunk driving accidents are quite common in the United States of America. According to the CDC, more than 30 people die on U.S. roads daily because of drunk drivers. This is one death occurring every 45 minutes. According to the FLHSMV, there were more than 4,900 alcohol-related crashes in Florida in 2022. More than 250 people died, and over 2,700 people suffered injuries from alcohol-related crashes in Florida in 2022. Fortunately, in Florida, if you suffer injuries or lose a loved one because of a drunk driver, you file a claim against the drunk driver and recover compensation. But what happens if the drunk driver has insufficient insurance or if they do not have any insurance? Can you file a claim against someone other than the drunk driver?
Dram Shop Laws Can Help You
If you suffered injuries or lost a loved one in a drunk driving-related accident and the drunk driver does not have enough insurance or any insurance, all hope is not lost. Florida’s dram shop law could help you recover compensation. The dram shop law extends liability for harm caused by drunk drivers to establishments, including bars and nightclubs that served the drivers alcohol. In other words, under Florida’s dram shop law, you can bring a claim against the establishment that served the drunk driver who hit you or your loved one with alcohol.
According to Florida Statute 768.125, if a person willfully and illegally sells alcohol to a minor or a person habitually addicted to alcohol, they can be held liable for injury or damage resulting from the intoxication of the minor or habitually addicted person. However, unlike many other states, Florida does not make establishments liable for injuries and damages if they serve alcohol to a person who is visibly intoxicated. Also, according to Florida law, you can’t hold a social host liable for resulting damages caused by serving alcohol to a person at a private party or event. This is true even if the person is habitually addicted to alcohol.
Making a Dram Shop Claim
As with any other personal injury claim, you have limited time to make a dram shop claim. If yours is an injury case, you generally have four years to file a claim against the establishment that served alcohol to the driver that hit you. On the other hand, if yours is a wrongful death case, you generally have two years to file a claim against the establishment that served alcohol to the driver who hit your loved one. If you fail to file your claim before the statute of limitations runs out, you may be barred from recovering compensation.
A Dram Shop Claim Be Complicated
Filing a claim against an establishment takes effort. It can be hard for you to manage a dram shop claim without professional help. If you are considering filing a dram shop claim, it is best that you retain the services of a skilled personal injury attorney.
Contact Us Today for Help
Our Fort Lauderdale personal injury attorneys at The Pendas Law Firm can help you in your dram shop case. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the West Palm Beach, Fort Myers, Miami, Tampa, Jacksonville, Bradenton, Ocala, Orlando, and Daytona Beach areas.
Source:
flhsmv.gov/traffic-crash-reports/crash-dashboard/
