Dram Shop Liability

It only makes sense to file a personal injury lawsuit if the party you are suing has enough money to pay compensation for the financial losses you suffered due to their negligence. Personal injury lawsuits are not simply a game of laser tag where you take out your aggression against everyone who has ever done you wrong, nor are they a game of Whack-a-Mole, in which you clobber everyone within your reach until someone gives you money. In fact, personal injury lawyers help clients get their money by filing insurance claims at least as often as they sue. Identifying the parties legally responsible for the accident that led to your injuries is part of most clients’ first consultation with a personal injury attorney. If the driver who hit you is too broke to be worth suing, a Miami car accident lawyer can help you identify other parties that might be legally responsible for the accident.

The Concept of Vicarious Liability

Vicarious liability is where one person or entity is legally responsible for the actions of another. In car accident cases, plaintiffs most often invoke the doctrine of vicarious liability when the driver that hit them was driving as part of his or her job, and the vehicle belonged to the employer. For example, if you get into a collision with an Amazon delivery van and suffer serious injuries, you have the right to name Amazon as a defendant in a personal injury lawsuit arising from the accident.

There are multiple concepts under Florida personal injury laws that extend liability to individuals or entities other than the negligent party, which essentially impute fault to a party that might not even be anywhere near the scene of an accident. One is the principle of dram shop liability, a factor in many drunk driving collisions. This theory states that a bar or tavern may be held accountable for overserving someone who later causes a crash. Florida does have a dram shop law, but not one that supports the interests of DUI accident victims: The statute provides that an establishment cannot be liable under such circumstances.

However, a ban on dram shop liability does not preclude other legal remedies for victims. It is still possible to recover compensation for your losses, and a Miami drunk driving accident lawyer can assist with challenges. Some information on your options and tips on what to do after a DUI crash are also helpful.

Legal Remedies for Drunk Driving Collisions

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