Drunk Driving Exposes Everyone To Extreme Risks
Injuries resulting from drunk/impaired driving are among the most severe. This is due to the catastrophic nature of the collisions that result from drunk driving. When a driver is impaired due to the consumption of alcohol or other intoxicating substances, their ability to adhere to the rules of the road is significantly diminished.
In addition, their ability to react to the presence of other vehicles on the road in a safe manner is also diminished. As a result, when a wreck occurs involving a drunk driver, the collision is often much more severe due to the driver’s inability to respond correctly.
The legal framework surrounding a drunk driver collision cases punishes the drunk driver’s decision to operate a vehicle on a common roadway without the mental and physical aptitude necessary to operate a vehicle safely. With evidence supporting a finding that a driver’s blood alcohol content surpassed the legal limit at the time of the collision, a Plaintiff may be entitled to punitive damages.
Drunk Driving Accident Evidence
Because of the catastrophic nature of the injuries that may arise from a drunk driving incident, both parties involved in the personal injury case that follow a drunk driving accident will likely conduct a full investigation into the facts of what occurred. This investigation will often incorporate the interviewing of witnesses and those close to the plaintiff and defendant driver, a thorough review of the police report, and a evaluation of the toxicology report or Blood Alcohol Test results.
If a drunk driver causes a car accident and someone is injured, there will likely be a criminal case with which the State seeks to imposes criminal punishment upon the drunk driver. Often these proceedings may provide some valuable investigation and insight into the case that will be helpful for the civil claim for personal injury damages.
In some instances, and depending upon the timeline of prosecution, the materials derived from the prosecution may be pivotal for purposes of successfully pursuing damages in the personal injury claim.
Important Considerations In A Drunk Driving Case
A drunk driving personal injury case presents many unique variables that must be taken into account when crafting a strategy for how to proceed on the case. Being aware of these variables when evaluating the evidence that has been obtained is crucial to grasping the true nature of the case, and extent of the damages.
Taking a “one size fits all” approach to drunk driving personal injury cases is a major mistake, because if one of these variables is found to be present in the facts it can many times completely alter the case.
Has The Defendant Driven Drunk Before?
Early in the investigation of a drunk driving personal injury case, the plaintiff should consider obtaining the driving record of the defendant. In many states information about past convictions for driving may be obtained online.
Conditions such as alcoholism are terrible and effect everyone close to the individual stricken with the condition. When someone gets behind the wheel of a vehicle in a drunken state, there are many factors that led them to that moment.
If the driver has a history of repeat offenses involving dangerous driving or even further drunk driving offenses, this will change the nature of the case as the theory of liability will then likely incorporate reference to the driver’s past offenses.
Dram Shop: Was the Driver Over served?
When a drunk driver causes an accident that injures someone, it is important to look back and determine where and when that action began. Often drunk drivers get behind the wheel of a vehicle after being served alcohol at a commercial property, such as a bar, sporting event, or otherwise. When that is the case, the plaintiff must fully investigate what occurred at the establishment prior to the drunk driver getting behind the wheel.
In some instances there will be evidence uncovered that would demonstrate that the drunk driver was “over served.” This would mean that there were signs that the driver was already intoxicated, and yet the driver was continuously served alcohol on the premises. When this variable is present, sometimes the injured plaintiff may be entitled to damages from the establishment or business under a dram shop theory of liability.
Dram shop claims seek to impose liability upon the business entity for facilitating the over service of the customer who ultimately got behind the wheel of a vehicle while intoxicated and caused an accident.
After you have been involved in a drunk driver collision, it is crucial to reach out to a legal professional that has a comprehensive understanding of the legal implications of this kind of car accident. The attorneys at Fletcher Law Office, LLC have the knowledge and experience needed to handle drunk driver personal injury cases. We are standing by to speak with you about your case and the steps that need to be taken to move forward. Contact us.
Why Hire Fletcher Law Office for a Drunk Driver Injury Case?
The attorneys at Fletcher Law Office, LLC have a wealth of experience in Drunk Driving accident cases that we employ in each and every case regardless of the size or severity of the case. Our law firm is well equipped to handle premises liability cases and the injuries that may have been sustained as a result. Reach out to Fletcher Law after an accident for a free consultation on your case. We will give it our full attention and evaluate your case with integrity and honesty.