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Tampa Personal Injury Blogs from August, 2013

Tampa Accident & Injury Lawyer - Driving Drunk or Intoxicated Defense


Florida automobile accidents and related injuries involving alcohol or drugs remain rather high. Our Tampa Car Accident Lawyers are involved in numerous cases in which the at-fault driver was intoxicated or impaired at the time of the accident. However, there are some cases where both drivers of vehicles involved in an accident have consumed alcohol and/or been impaired at the time of the accident. Our personal injury lawyers have litigated numerous cases involving driver impairment that have resulted in motor vehicle accidents.

In cases in which the at-fault driver caused the accident and was found to have consumed alcohol or drugs and was impaired at the time, the injured party has the option and means available to him/her to request punitive damages from the court. It is a rather low threshold for the injured party to overcome in order to seek punitive damages against the at-fault driver. The fact that a Plaintiff had consumed alcohol or drugs can also play a significant role in motor vehicle cases.

In a civil case arising from an automobile accident, the injured party may not recover any damages for bodily injuries or property damage if the jury finds that, at the time the injured party was hurt:

-The injured party was under the influence of any alcoholic beverage or drug to the extent that the injured party's normal faculties were impaired or the injured party had a blood or breath alcohol level of 0.08 percent or higher; and

-As a result of the influence of alcohol or drugs, the injured party was more than 50 percent at fault.

Please refer to Section 768.36, Florida Statutes, for the specific language commonly referred to as the "alcohol or drug defense".

Our lawyers litigate car accident cases throughout Florida, including Hernando County, Hillsborough County, Pasco County, Pinellas County, Manatee County, Polk County, Orange County and Sarasota County. Should you have any questions regarding a Florida accident that involves alcohol by either party, please contact us, your Tampa Personal Injury Lawyer.

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