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Posts Tagged "DUI"

Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

Posted by on Sep 25, 2013 in Motor vehicle accidents

Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

There is absolutely no debate that people who drive under the influence of alcohol (DUI) make the roads dangerous for everyone.   This point was driven home for me when I saw this story about a horrific crash that happened on S. Orange Blossom Trail in Orlando early Wednesday morning. video platformvideo managementvideo solutionsvideo player As an Orlando car accident attorney, a crash like this one presents a host of legal issues that may have serious consequences to the victims of this crash. For example, under normal circumstances, the people injured by the idiotic actions of the accused drunk driver, James Maddux, would have bodily injury liability claims for damages against him.  However, because he presented a fake drivers’ license to he FHP at this DUI checkpoint, something tells me that he is not going to have insurance.  Hopefully, he was a permissive user, and the Toyota Prius he was driving was owned by somebody who had insurance. I also hope that his passenger, Zachary Poirrier, as well as the injured people in the other vehicle, including Terris Byrd, either had Uninsured/Underinsured Motorist (UM) coverage, or were resident relatives of people who had UM coverage.  Residency — for purposes of establishing UM coverage — can often present complex legal problems. Finally, I would be curious to know exactly what FHP’s pursuit policy is when it comes to DUI suspects.  According to the media, Mr. Maddux avoided a checkpoint some distance away from where this significant crash occurred.  It would be interesting to know how many additional lives were put at risk by FHP’s decision to engage in a high-speed pursuit of Mr. Maddux.  If FHP violates its own policy, it would seem that FHP could have exposure to damages. Accidents like this one can be complicated for the average accident victim.  If you have any questions following a Florida car accident, and especially one involving a drunk driver, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Thorough Investigation Behind Florida DUI Crashes Can Yield Benefits | Orlando Accident Attorney

Posted by on Aug 27, 2013 in Motor vehicle accidents, Uncategorized

Thorough Investigation Behind Florida DUI Crashes Can Yield Benefits | Orlando Accident Attorney

I recently saw a story on InsuranceJournal.com about a family who is filing suit against a Montana bar after a mother and daughter were killed in a DUI car accident.  Apparently the drunk driver was visibly drunk when she was served drinks in a Montana bar shortly before the crash. This story highlights the importance for any DUI accident victims here in Florida to make sure that a thorough investigation is performed after the crash with an eye toward determining where the drunk driver became intoxicated, and under what circumstances. In Florida, a bar, nightclub, or restaurant can be held liable for providing alcohol to someone how shouldn’t have it.  This list of people would include underage drinkers, habitual alcoholics, and also people who are already visibly intoxicated. If a bar serves someone who is already fall-down drunk, slurring his or her speech, or exhibiting other signs of obvious drunkenness, the bar can be held liable for damages, in addition to the liability of the drunk driver.  In a crash involving catastrophic injuries, having additional sources to recover damages from can be key. Cases against bars and nightclubs can be very challenging, and perhaps intimidating for a layperson, as insurance companies often attempt to deny coverage from these kinds of “dram shop” losses. If you have a questions regarding a Florida car accident involving a drunk driver, or a Florida dram shop claim, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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See Why A Bar Would Pay $15.5 Million To Settle A DUI Lawsuit

Posted by on May 16, 2013 in Motor vehicle accidents, Recent News

See Why A Bar Would Pay $15.5 Million To Settle A DUI Lawsuit

Most people probably don’t realize it, but bars and restaurants in Florida are generally protected from lawsuits arising from the actions of their drunk patrons. However, there are two primary exceptions: providing alcohol to minors, and providing alcohol to a customer who is obviously drunk. I recently came across the story of a $15.6 million settlement in a DUI/wrongful death case involving a bar in the Pittsburgh, Pennsylvania area called the Hofbrauhaus. A 25-year old customer of the bar left the bar extremely intoxicated and crashed into a family car where a 3-year old was tragically killed, and her mother was catastrophically injured. This video details how much the 25-year old patron had to drink, what the bar did to try to keep him from getting behind the wheel of his car (you guessed it — next-to-nothing), and what the victimized family has been put through as a result of this event. It is rare to get this kind of behind-the-scenes look at a case like this. Even though this accident occurred in Pennsylvania, any bar in Florida would be similarly liable under the circumstances. Also, in Florida, if a case like this one went to trial, the bar could be held liable for punitive damages – which are extra damages intended to punish a defendant for egregious wrongdoing. If you have any questions regarding a Florida wrongful death case involving a DUI contact Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at 407-254-4901 or visit...

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