Tragic Death Of Charlotte Deputy Highlights The Cost Of Drunk Driving During The Holidays

Thanksgiving is a time of family traditions and giving thanks for our health and well-being. It is also well known for being a time when alcohol impairment can occur. It is a time when there is a dramatic increase in marijuana consumption mixed with alcohol-impaired driving leading to many public officials to call this holiday the most dangerous holiday of the year. In fact, crash and fatality rates are higher during Thanksgiving than during New Year’s Eve, the Forth of July, or even St. Patrick’s Day.

Recently, on November 22, 2022, there was a tragic event on I-75 south of US 17. A Charlotte County deputy, Christopher Taylor was killed while on a traffic stop on I-75 near the Duncan Road exit when a drunk driver identified as 30-year-old Cassandra Smith of Lakeville, Massachusetts lost control of her vehicle and hit and killed the officer.

Life-saving measures were given on the scene by Good Samaritans and later by fellow deputies, according to the Charlotte County Sheriff’s Office. The 23-year-old deputy was taken to Shore Point Health Punta Gorda, and later passed away.

Deputy Taylor joined the sheriff’s office in August 2021 and was officially sworn in back in February of this year. Chris Taylor just celebrated his 23rd birthday this last Saturday. It was difficult for the agency to lose such a young officer and the passing of Chris Taylor was a tremendous loss for the world.

This holiday season we are taking time to remember the family of this officer who was only 23 years of age when he tragically lost his life serving our community and our prayers go out to his family and all who knew him. No one can bring back your loved one if they lose their lives due to a drunk driver. But we can use the power of the judicial system to seek justice.

As auto accident lawyers serving Charlotte County for over 30 years, we recognize that there are reasons that the Holidays make the roads more dangerous - and it's not all due to alcohol abuse. One reason is that there are more people on the road. Government officials anticipate a return to pre-pandemic travel levels this holiday season with nearly 55 million people driving this year. That is a 14 percent increase since last year, the biggest year-over-year climb since 2005. The top 10 destinations for Thanksgiving are Orlando, Tampa, and Fort Lauderdale for the 2022 travel holiday. It is typically break time for college students who meet with their friends at local bars and clubs and to catch up with family and friends. Many people have more time away from home due to lessening COVID restrictions and this will increase the number of people who will be intoxicated during the holiday season.

According to the National Council on Safety, more than 500 people may die and another 48,000 people may be seriously injured during this holiday season. This analysis shows that crash rates are higher in the South of our country. This report made by the National Council on Safety reports that between 2015 and 2019 nearly 800 people have died in alcohol-related crashes over the Thanksgiving holiday time. Research also suggests that more than four times as many crashes involving alcohol happen during the nighttime hours as compared with the daytime hours.

Who May Be Held Responsible For Drunk Driving Injuries and Wrongful Death Claims

If your blood alcohol level is above a .08 level in Florida you will be considered to be an impaired driver. This definition under criminal statutes requires prosecutors to prove the case beyond a reasonable doubt. In civil cases where plaintiffs are pursuing claims based on negligence by impaired drivers, one need not necessarily prove the other driver was drunk to show that they were negligent (though evidence of impairment can strongly help support your case). Furthermore, the proof burden in most Florida civil claims is proof by a preponderance of the evidence, which is less stringent than beyond a reasonable doubt.

It is not just the impaired driver who may be held responsible in a DUI crash with injuries. Other potential defendants in a Charlotte County drunk driving injury case may be:

The owner of the vehicle. Motor vehicles are considered to be dangerous instrumentalities in Florida. If a vehicle owner gives permission to operate their vehicle the owner may be deemed vicariously liable for the driver’s negligence behind the wheel. They may be found to be directly negligent for entrusting the vehicle to someone who was clearly impaired or had a history of DUI.

Dram Shop Law

Dram Shop Law applies rules for the owners of the establishments where the driver was served, or purchased alcohol. This applies in cases where the person who was driving was served alcohol despite being underage (20 or younger) or had a known history of alcohol addiction. This law applies to business establishments as well as social hosts.

Alcohol will impair driving abilities after only a couple of drinks. Impairment can come in many forms, and intoxication might cause one or more of the following:

• Disorientation and Confusion
• Blurred Vision
• Reduced Focus
• Impulsive Judgement

Delayed Reaction Time

These impairments can lead to erratic and dangerous driving behaviors which can include swerving, driving too fast or too slow, making a wrong turn, failing to notice traffic slowing, or stopping, and much more. These behaviors can lead to different types of crashes including.

• Rear-end collisions when a drunk driver fails to stop in time
• Head-on collisions due to wrong-way driving or departing a lane into oncoming traffic lanes
• Rollovers due to taking turns too fast or overcorrecting
• Broadside (or “T-bone”) collisions from running red lights or failing to yield on turns
• Sideswipes from swerving into neighboring lanes
• Pedestrian or bicycle accidents

What To Do If A Drunk Driver Hits You

Getting hit by a drunk driver can do more than disrupt your holiday season; these accidents can result in severe injuries. If a drunk driver caused your car accident you have the right to hold them liable for your losses. You should take steps after a an accident to protect your rights whenever possible.

Call 911 After an Accident

Call 911 after an accident and request police assistance and if necessary request an ambulance. The police will investigate the accident and issue a report which can help when dealing with insurance companies. This is important when the other driver is intoxicated. Police officers will talk to the drivers involved and determine whether one driver violated the law including DUI. If officers have probable cause to believe the driver is drunk they can arrest the driver who can be charged with a DUI. Documenting the other drivers condition is important for your future claim.

Seek Medical Attention

If you need an ambulance you should head to the ER if you have obvious injuries or are feeling any pain or disorientation. Never write off a headache or stiffness as normal after a crash as these could be symptoms of a more serious injury. Getting evaluated by a medical professional as soon as possible can also make your claim easier as well as ensure you begin treatment for your injuries right away.

Contact An Experience Local Car Accident Attorney

Even though another driver was drunk, it does not necessarily mean that the legal process will be that simple. It is important to have the right legal representation possible going into the claim process from the start rather than attempting to navigate it on your own. If the drunk driver is convicted of a DUI we can use this as direct evidence of the drivers gross negligence and liability. We will still have to fight for the appropriate settlement to which you are entitled to and insurers will always try to minimize what they pay.