There are two major exceptions to this general rule.  “Willfully” selling or furnishing alcoholic beverages to someone under the legal drinking age creates liability for injury or damage caused by or resulting from the intoxication of the minor.  The same holds true for “knowingly” serving or furnishing someone who is “habitually addicted” to alcoholic beverages.  Section 768.125, Florida Statutes.  Regardless, a commercial vendor is not generally liable if alcohol is sold to an adult in a closed container with the understanding that it will not be consumed on the premises.

Significantly, Florida law does not provide a cause of action for simply serving an adult too much alcohol.  Section 768.125 provides protection unless the person served is a minor or is known to be “habitually addicted” to alcohol.  Obviously, a responsible social host or business should make every reasonable effort to watch a guest’s level of alcohol consumption — regardless of 768.125.

It is important to know your rights.  If you or someone you know has been injured due to a drunk driver, the experienced attorneys at Lesser, Lesser, Landy & Smith are here to help.  We have handled many serious drunk driving wrecks. Contact us for a free consultation.

At Lesser, Lesser, Landy & Smith, we represent clients and families who have suffered personal injuries or the loss of a loved one due to the negligence of truck drivers or the trucking companies for which they drive.  Accidents occur due to driver fatigue, careless driving or speeding, defective equipment, unsecured loads, alcohol and drug use, and improper maintenance and inspection of  vehicles.  Sometimes, it is the trucking company that does not provide adequate safety training to its drivers.  Often, the trucking company places unrealistic expectations and schedules on its drivers which cause lack of sleep, fatigue and erratic driving by drivers and employees. 

Recently, the Federal Motor Carrier Safety Administration (FMCSA) has established new standards for the commercial driver’s license (CDL) testing and new standards for the issuance of the commercial learner’s permit (CLP).  Novice truck drivers will be required to pass federally approved CDL testing of knowledge and skills.  This means that in order to obtain a CLP, drivers will have to meet the same requirements as a full CDL.  Applicants must be eighteen years old, have clean driving records, and hold a learner’s permit for two weeks before making application for the full CDL.  As regulations such as these continue to be strengthened it is hoped that deaths and injuries involving large trucks will continue to decline.  Additional safety and regulatory information may be found at the FMCSA website: http://www.fmcsa.dot.gov/

According to a recent National Highway Traffic Safety Administration (NHTSA) report, issued on November 30, 2010, there is an increase of drug involvement among fatally injured drivers over a 5 year period from 2005-2009. The types of drugs involved include narcotics, depressants, stimulants, hallucinogens, cannabinoids, PCPs, anabolic steroids, and inhalants. The groups tested in these studies also included both illicit drugs as well as legally prescribed drugs and over the counter medicines.

Often, when a driver is under the influence of drugs or alcohol the driver is likely to commit the simplest of traffic infractions, such as forgetting to put on the headlights, not stopping for a stop sign or failing to signal a lane change. Other more obvious signs of DUI include failing to stay within the traffic lane, failing to stop at a red light, driving the wrong way down a street and causing a crash. All of these violations are dangerous when committed, but the danger increases dramatically when alcohol or drugs are included in the mix. While DUI is considered a misdemeanor offense, the penalties for DUI offenses are determined by Florida law and judges are bound by them, leaving virtually no room for negotiating. The penalties for a first time offender are: fine of $250-$500; 50 hours of community service; up to one year of probation; imprisonment up to 6 months; license revocation for a minimum of 180 days and 12 hours of DUI school. If the DUI offender caused a crash, he could be charged with a felony. He will also be responsible for any restitution; this means that he must repay his victim’s medical bills and any property damage he may have caused. With each additional DUI offense, the criminal penalties increase significantly.

Throughout the year, drivers must make responsible choices to stay safe on the roadways. These choices include abstaining from alcoholic beverages or drugs before getting behind the wheel of a car to drive or having a designated driver for the evening. At Lesser, Lesser, Landy and Smith, all too often we meet innocent victims who have suffered serious bodily injury or death of a loved one solely because someone chose to drive while impaired. Do not make yourself or others a victim of drunk driving. Make sure you make the safe and responsible driving choice.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

At Lesser, Lesser, Landy & Smith we take drunk driving cases very seriously.  We vigorously pursue claims against drunk drivers in order to obtain justice for our clients.  Lisa is one such client we will never forget.  She sustained serious injuries due to the neglect of a drunk driver behind the wheel of an Enterprise rental car.  Attempts to settle her case for a fair figure were unsuccessful, so we did not hesitate to try her case to a Palm Beach County jury.  Lisa’s case, like most drunk driving cases, included claims against the drunk driver for both compensatory and punitive damages.  Florida law allows punitive damages to be awarded against a drunk driver in order to punish the drunk and to deter others.  In Lisa’s case the total verdict was $20.78 million. It is our hope that the publicity surrounding Lisa’s verdict will help serve as a wake-up call to drunk drivers.

If you or a loved one has been victimized by the acts of a drunk driver, call us.  We have the experience, the commitment, and the compassion to help.