Drunk Driving accidents are continuing to occur. What you may not know is that you can be held criminally liable for a death even if you are not physically at the scene of the crime.
Unfortunately, at an alarming rate, drunk driving accidents continue to occur, even though advocacy groups like M.A.D.D or Mothers Against Drunk Driving and law enforcement agencies nationwide try to educate the public about how dangerous driving drunk can be. You can be held civilly liable or criminally liable if you allow your friend to drive drunk and that friend ends up involved in a fatal accident.
Criminal Liability
Many states are starting to prosecute in cases when a person lets their friend drive when it is obvious they are too intoxicated to drive and the results are a serious crash involving an injury or death. For example, in Florida a person will be charged with culpable negligence, which as Florida Statute 784.05 states:
1) "Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."
2) If convicted of culpable negligence as a first degree misdemeanor, it is punishable with one year in jail; for a second degree misdemeanor the sentence is up to 60 days in jail.
In July, a case in Connecticut showed how even more criminal charges can be given for similar situations. Three teenagers were charged with second degree reckless endangerment, operating a motor vehicle between 11pm and 5am, and violation of passenger restrictions, after one of the friends drove, hit a tree and died at the scene.
Even though none of the teenagers who were charged were actually at the scene, they were still held partially responsible because they were all aware the girl was "highly intoxicated." In recent years, there has been a trend to hold more people liable for deaths and injuries that occur due to drunk driving. This means people are also held responsible for their actions whether they were present at the crime scene or not. This is one reason you should never let your friend drive drunk.
Civil Liability
Besides being charged with a crime, you may also face a lawsuit if you allowed a person to drive drunk. Specifically, you could be the defendant in a lawsuit for wrongful death. Florida's Wrongful Death Act gives survivors of the deceased the right to sue you if they think you contributed to their loved one’s death. If you knew your friend was very intoxicated, but did nothing to stop them from driving, this may be considered negligence.
Negligence can only be determined on a case by case basis, which means that only a judge or jury can decide whether your inactions or actions were negligent. But if a judge or jury finds you to be negligent, the price can be hefty monetary damages. Depending on the relationship to the deceased, the survivors may be entitled to compensation for mental pain and suffering, especially if the survivors were the parents of a child or children of a parent, who would also get compensation for the lost parental guidance and companionship.
If your friend was married, their spouse can sue you for loss of protection and companionship, suffering, and mental pain. If a judge or jury concludes your actions were negligent, reckless or intentional, punitive damages may also be awarded, which are supposed to punish you rather than compensate the survivors. By allowing your friend to drive when they are obviously drunk, you are just as irresponsible. In Florida, this could cost you a lot of money or end you up in jail if the friend is injured or dies as the result of a DUI accident.
