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Having A Happy And Safe Holiday Season

Across the nation, one of the most dangerous times to be out on the road is during the holiday season. From Thanksgiving until the New Year, traffic related injuries and death are at an all-time high throughout all 50 states, Florida included. In order to have a truly happy holiday season, it’s important to remain vigilant and safe while on the roadways, and to prepare yourself with a plan in case of a worst-case accident scenario.

Holiday Driving And Alcohol

The most common cause of this spike in holiday-related traffic accidents is alcohol, and MADD, or Mothers Against Drunk Driving, estimates that 52% of all traffic related fatalities that will occur during New Year’s Eve or New Year’s Day will be alcohol related. One of the most fatal traffic periods on Florida record, according to Florida Traffic Crash Statistics, was the New Year of 2009, when 34 traffic fatalities occurred during a 96-hour holiday period, and 56% of those fatalities had alcohol involvement. It’s no secret that intoxication and driving lead to fatal or serious traffic accidents, and the celebratory nature of the holiday season lends itself to these types of accidents becoming more frequent.

In the state of Florida, it is illegal for a driver to get behind the wheel with a BAC, or blood alcohol level, higher than .08, and doing so will result in a criminal case regardless if they’ve been in an accident or not. In cases of traffic accidents, however, it is important to note that criminal law and civil law are two different things, and just because a person is facing criminal charges for causing an accident while driving under the influence, that does not mean they will be forced to pay damages. When seeking personal injury compensation, a civil lawsuit must be brought to the negligent party if damages are to be awarded.

Negligence Lawsuits

If you find yourself injured in an accident this holiday season, filing a negligence lawsuit may be your best option in seeking compensation for your injuries. In the drunk driving incidents so common in Florida around the holiday season, a negligence lawsuit is different from the criminal charges the negligent party will face, and this is the civil case that will allow you to fight for your damages.

When filing a negligence lawsuit, the first thing that must be established is a failure to use a reasonable level of care. In this case, the reasonable level of care was breached when the negligent party chose to drive while intoxicated. Next, you will need to prove that this breach of care was the root cause of your injuries, and that you have experienced quantifiable damages as a result of these injuries caused by the negligent party.

Statute Of Limitations

In the state of Florida, a person may seek a negligence lawsuit and file a personal injury claim for 4 years from the date of their accident. This 4 year statute of limitations is particularly beneficial for those who have experienced severe or lasting injuries and may require further or different compensation than they originally thought. Some types of injuries, like traumatic brain injuries, may cause one set of symptoms at the start of the injury, and another as the injury develops further, and the 4 year limit can allow injured parties to fully grasp the severity of their injury before seeking compensation for it.

For a safe and pleasant holiday season, it’s important to consider the risks before getting behind the wheel. If you’re injured in a holiday related accident in Florida this year, we at are here to help!

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Having A Happy And Safe Holiday Season

Goldman Babboni Fernandez
Murphy & Walsh

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