Like many other holidays, New Year’s Eve is typically celebrated at house parties where alcohol is present or establishments where alcohol is served. With this, unfortunately, there is typically a spike in the number of drunk driving accidents that take place on Florida roads in the late-night hours of New Year’s Eve into the early-morning hours of New Year’s Day. We understand the injustice of practicing responsibility during your holiday celebrations, only to still encounter and get hurt by a negligent drunk driver. This is why we encourage you to take legal action so that justice can prevail once more. With that being said, please continue reading to learn who’s at fault for a drunk driving accident that happened on New Year’s Eve and how an experienced Tampa drunk driving accident lawyer at Merricks Law Group, P.A. can help you with what steps to take after getting involved in one.
Who’s at fault for my drunk driving accident that happened on New Year’s Eve?
If a drunk driver is coming back from a house party on New Year’s Eve when entering an auto collision with you, then it is they themself who may be at fault for the event. This is because they should not have gotten behind the wheel if they consumed a considerable amount of alcohol at the event. With their mental and physical capabilities being impaired, they should have gotten a ride from a sober driver, a rideshare driver, or a public transport.
On the other hand, though, assigning liability may not be so cut-and-dry if a drunk driver had left an establishment that serves alcohol (i.e., a restaurant or bar). This is because Florida follows dram shop laws, which hold that an establishment may be responsible for a drunk driving accident if they knowingly served alcohol to a driver who was under the legal drinking age of 21 or who is habitually addicted to alcohol.
What should I do after getting involved in an accident with a drunk driver?
You must establish fault for your drunk driving accident from early on so that you know who to file your legal claim against. For this, you should ask the law enforcement officer who responds to your scene for a copy of the accident report they conducted. This report may disclose where the drunk driver was coming from, along with other relevant information they may have confessed to. We do not recommend that you approach the drunk driver alone to ask these questions yourself, because they may act erratically or dangerously in their current state. Rather, request that the officer ask on your behalf or remain present during this conversation.
There is a lot to consider before pursuing a drunk driving accident case against someone. To help you make the right considerations, please consult with a skilled Tampa auto accident lawyer. Our team at Merricks Law Group, P.A. will guide you toward the best decision.
