Drunk Driving Accidents

Impaired driving contributes to a large portion of auto accidents, and, while it is only one of many forms of impairment, drunk driving is involved in nearly 40% of all auto accident fatalities. DUI laws have become much stricter in recent years, and the number of fatalities has gone down, but that drop seems to have hit a plateau. Even with the strict penalties we now have, drunk drivers continue to drive while impaired even after they are caught and punished. Repeat offenders account for about one-third of DUI convictions.

Blood alcohol concentration (BAC) is usually the primary piece of evidence relied on in drunk driving cases. All states have adopted a legal limit of .08 or less for adults. Some drivers, such as commercial drivers and minors, must adhere to a much lower legal limit.

Criminal vs. Civil case

If you or a loved one has been injured or killed in an accident caused by a drunk driver, you will be pursuing a civil lawsuit. In most cases there will also be criminal charges against the drunk driver. Although restitution payments may be ordered in the event of a criminal conviction, the civil and criminal cases are separate.

Conviction, in a criminal case, requires a much higher standard of proof than what you will need to establish in a civil lawsuit because a civil lawsuit does not put the defendant at risk of serving jail time.

Even though the cases are separate, a criminal conviction can lend credibility to your civil case, and some of the evidence collected for the criminal case may be available for use in your civil suit, such as BAC.

Responsibility

Proving responsibility is the key factor in any civil suit. Many types of impaired driving, such as fatigue, can be very difficult to prove. Drunk driving is the easiest type of impairment to prove. Unfortunately, because drunk drivers are often repeat offenders or minors, they are often uninsured, meaning that even if found responsible, they simply do not have the money to compensate you for your injuries and losses.

However, in certain cases, the drunk driver is not the only responsible party. Under certain circumstances responsible parties may include:

· Bars, restaurants, or liquor stores that sold alcohol to an already intoxicated person

· Adults who provided alcohol to a minor

· Employers who required or allowed an employee to operate a vehicle for company purposes while intoxicated