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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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