Drunk Drivers - DUI Attorney, DWI Attorney
Every two minutes someone is injured in an alcohol related accident in this country; two of them die every hour. A drunk driver causes forty percent of all car accident fatalities. Even when the victim survives, catastrophic injuries, including spinal cord and brain injuries, which enormously impact the life of the victim and the lives of his or her loved ones as well.
Negligence Per Se
A driver who is intoxicated cannot claim he or she was driving safely despite the alcohol. That is because of the negligence per se doctrine, which holds that someone who violates the law, and in the process of doing so causes an injury the law was designed to prevent, is negligent, period. There is no measuring of the"ordinary care," or "reasonableness." The question of whether the driver is legally responsible for your injuries is answered in the affirmative, and the discussion turns to the extent and cost of the injuries caused.
Thus, a driver who causes an accident and gets a DUI (driving under the influence) or a DWI (driving while intoxicated) will have to pay for the injuries caused in the accident, assuming the victim was not equally responsible for the accident. A DUI is typically issued when a driver has a blood-alcohol (BAC) content of over .08%. A DWI is issued when the BAC is over some higher percentage, usually 1.0%, depending on the state. In either event, the driver is negligent per se, and is therefore liable.
DUI's and DWI's can issue when a person is under the influence or intoxicated with a substance other than alcohol. In addition to illicit drugs, prescription medications and even over-the-counter drugs can also form the basis of a DUI or DWI. The liability of the driver is the same as if the driver was drunk.
Who is Liable
The driver, of course, is liable. Also, however, the owner of the vehicle, and possibly the drunk driver's employer may be liable in proper circumstances.
If the driver borrowed the vehicle, and the owner of the vehicle had reason to know lending it to the driver was a bad idea, but did so anyway, the owner may be liable. Thus, when a car owner lends his or her car to someone who has been drinking alcohol, the law will hold both people responsible for your injuries, since they both played a role in the circumstances causing the harm.
Also, if the driver who caused the accident, and therefore your injuries, was working at the time of the accident, then the employer may be liable. This general rule holds true if the driver was acting within the scope of the employment when the accident occurred. There are proper circumstances when an employee can be found to be acting within the scope of his employment while driving under the influence. For example, the employer of a pizza delivery driver who is taking medications that impair his or her ability to safely drive may be liable for injuries the delivery driver causes on the job. Also, if an employee is at a weekend conference for work and drinks alcohol at one of the related dinner functions, the employer who sent the employee to the conference may have to pay for the injuries the employee caused in the drunk driving accident.
What Compensation is Available
Medical bills accrued and wages lost because of the drunk driving accident are recoverable. In addition, future medical bills and future lost wages can be recovered, as long as they can be ascertained with reasonable certainty. Compensation for lost earning capacity is also available. For example, if a carpenter is injured so he or she can no longer work in the field and no longer has the possibility of becoming a foreman, then the foreman-pay may be recoverable, if the carpenter can show he or she had a likely chance of getting the promotion, until the accident occurred.
In addition, a victim of a drunk driving accident can be monetarily compensated for his or her pain and suffering, both past and future. Typically, this figure includes compensation for experiencing fear of imminent harm or death, physical pain, and loss of enjoyment of life.
Although no amount of money can make up for the loss of a loved one, if the victim of a car accident dies, California's Wrongful Death statute allows surviving family members to recover for loss of financial support, medical expenses, funeral expenses, loss of consortium, and loss of comfort and care. If nothing else, these awards will ease the financial burden imposed on the family, and force the at-fault driver to bear some of the responsibility.
Finally, when a person acts in conscious disregard of the rights and safety of others, the law may impose what is called punitive damages. This is a sum of money paid to the injured person that is intended to punish the drunk driver, and to deter future drunk driving. Often, this award is far greater than the compensation for medical bills and lost wages.
How to Get That Compensation
Because the driver, the owner, or the employer may be legally responsible to pay for your injuries, because there are several legal theories that allow monetary recovery, and because the measure of damages is often quite complicated, it is important that you contact an experienced attorney if you or a loved one has been injured in a drunk driving accident.
Also, do not speak with the other driver's insurance company about your bodily injuries. Remember, the adjuster's job is to give you as little money as possible. If you are impatient and take a quick settlement, if you later learn your injuries require future care or you have to miss more work than you expected, you will never get that money. You can simply decline to talk to the adjuster, and refer him or her to your attorney.
At the Law Offices of
Slaughter & Slaughter, we understand not only the potential severity of drunk driving accident injuries, but also the severity of the impact these injuries have on the daily lives of the victim and his or her family members. Although no amount of money can truly compensate, we are experienced in assessing the wide range of effects these injuries can have. We are willing to fight for your rights and seek the maximum compensation the law will provide. If you or a loved one has suffered an injury in a drunk driving accident, call The Law Offices of
Slaughter & Slaughter today.
Get a FREE consultation and an HONEST evaluation of your claim.
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