Personal Injury Type -  Drunk Drivers

Drunk, intoxicated or impaired drivers causes a disproportionate number of serious traffic accidents, injuries, and deaths. Drunk driving is dangerous, stupid and wrong. Any impaired or intoxicated person who gets behind a wheel of a motor vehicle places himself  and others at great risk. A driver may become impaired from the use of alcohol, drugs, medications, or a combination thereof. Criminal and traffic law convictions for drunk or impaired driving can result in significant punishment, including jail. Some states now make repeated drunk driving convictions a felony. Legal claims can also be sever against intoxicated drivers. Many states allow  compensatory and punitive damages for those injured by an intoxicated driver. Compensatory damages is designed to compensate an injured party for their losses including, in part, their pain and suffering. Punitive damages is designed to punish a person. We encourage everyone to be a responsible drive and not drive after consuming any alcoholic drink.  

Legal claims involving intoxicated drivers can involve complex issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim. 

  • Who caused the accident?
  • What are the specific facts and circumstances of the accident?
  • Were there multiple causes?
  • Were any citations issued?
  • Was a suspected drunk driver given a proper field sobriety test?
  • Was a suspected drunk driver given a proper blood or breath test?
  • Did the suspected drunk driver refuse to take a sobriety test?
  • Was there any evidence of alcohol use in the vehicle? Empty bottles? Drugs?
  • Were any statements made? Did the suspected drunk driver admit to drinking and driving?
  • Did you or the driver of your vehicle cause or contribute to the accident?
  • Is there sufficient insurance coverage? 
  • Is there any UM or PIP insurance coverage?
  • If the suspected drunk driver was hospitalized, is there other competent evidence to prove that they were in fact intoxicated? Blood test? Medical observations?
  • Where had the suspected drunk driver been before the accident? A party? A bar?
  • Were there any passengers in their car?
  • Did all driver have a valid driver’s license?  Were their any license restrictions?
  • Did the suspected drunk driver have a commercial drivers license?
  • If the case involved a commercial vehicle, did any other agency investigate the accident?
  • Was a video made of the suspected drunk driver at the time of the accident or at booking?
  • What would jail personnel say about the condition of the suspected drunk driver?
  • Did the suspected drunk driver have a history of prior alcohol or drug abuse?
  • At the accident scene, were there any witnesses who observed the suspected drunk driver?

If you, a friend, or loved one are the victim of a drunk driver, you should take immediate steps to protect their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, or their representatives. After calling the police, obtaining needed medical attention, and considering the suggestions in our accident guide, call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to drunk driving cases. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.

   

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