What Is The Alcohol Defense In A Florida Personal Injury Case?

Often times plaintiffs are involved in accidents where they aren’t completely blameless. There are times where their plaintiff’s actions could have contributed to their injuries. For example, we’ve represented clients in the past who have been involved in accidents after they had been drinking alcohol or taken illegal drugs.

Florida Statute 768.36, states that a plaintiff in a civil case can’t recover any money from a defendant, if at the time of the accident, the plaintiff was impaired by alcohol or drugs and that impairment made the plaintiff more than 30% responsible for causing the accident.

As attorneys who have represented clients in this type of situation before, we can say this defense is usually hard to prove. There are typically no blood alcohol level readings done for the plaintiff and if there is we can usually get that evidence suppressed due to chain of custody issues.

It can become an issue when we have a plaintiff that has frequently been under the influence of alcohol or drugs in the past. When this happens then we often have to settle the plaintiff’s case for less than we normally would.

If you have been involved in an accident where there’s a question about the consumption of alcohol or drugs and how you contributed to the accident, you should seek the assistance of an attorney. Please call us at  407-565-7386 or text us at 407-644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.