Navigating Construction Zone Accidents: Understanding Florida’s “You Drink… You Drive… You Lose” Law
Florida’s roads remain a labyrinth of construction sites, be it an interstate or a local thoroughfare. As legal professionals specializing in assisting those injured in construction site car accidents, meticulous attention to detail is paramount when assessing such cases.
The Importance of Safety Standards
In the aftermath of an within an active construction zone, a thorough examination of traffic control standards becomes imperative. Drawing on extensive experience in representing individuals harmed in these incidents, it is evident that safety precautions are occasionally overlooked, contributing to the occurrence of accidents.
The Role of Alcohol in Legal Proceedings
However, in cases involving car accidents, regardless of the negligence of the construction company, the plaintiff can jeopardize their case with a single factor—alcohol.
According to Florida Statute 768.36, commonly known as the “intoxication statute” or “drug and alcohol defense,” a plaintiff under the influence of alcohol may find themselves without recourse. Damages may not be recovered if the plaintiff’s normal faculties were impaired, and they were “more than 50% at fault for his or her harm.”
The Power of the Intoxication Defense
This legal provision becomes a powerful defense for construction companies, especially when the driver involved in the accident was under the influence. Often, it becomes a matter of fact to be determined by a jury. Yet, if the plaintiff’s blood alcohol content (BAC) is at 0.08 or above, the focus shifts to whether this level of intoxication accounts for 50% or more of the blame for the accident.
Challenges Faced by Intoxicated Plaintiffs
For an intoxicated plaintiff, proving to a jury that, despite their intoxication, the defendant is more than 50% responsible for the accident is a formidable task. The intoxication statute poses a significant hurdle, making it a complex undertaking to pursue a case when the plaintiff was under the influence.
In conclusion, anyone involved in a construction zone accident in Florida needs a nuanced understanding of the state’s “You Drink… You Drive… You Lose” law. It’s not only about the construction company’s adherence to safety standards but also about the potential legal ramifications tied to alcohol consumption. Smart decision-making is essential for both legal practitioners and individuals seeking justice after such accidents.
If you have been involved in a construction zone accident in Florida and need legal assistance, we are here to help. Contact us today to schedule a consultation and discuss the specifics of your case. Our experienced legal team is committed to providing you with the guidance and support needed to navigate the complexities of construction site car accident claims. Your road to justice begins with a conversation.