Drunk Driving Auto Accidents
December 30th, 2009
An auto accident lawyer sees the damage done in a drunk driving accident almost as often as police officers do. Unfortunately, after a drunk driving accident, a significant personal injury settlement or a hefty award from an auto accident lawsuit will never take away the devastation left behind from a drunk driver.
Auto accident lawyers work with the victims of drunk driving accidents as well as the families and surviving members of fatal accidents. Sometimes even the emotional stress of having to go through an auto accident lawsuit after a drunk driving accident can take a significant toll on a family, and sometimes it represents a sense of closure for other victims.
Consulting with an auto accident lawyer after a drunk driving accident does not necessarily mean that you or your family is required to follow through by filing an auto accident lawsuit. While many victims are afraid of the toll an auto accident lawsuit may take on them, they may find relief in the fact that most cases end in a personal injury settlement.
This is usually due to the very obvious nature of the accident, and the very high level of public awareness of the dangers of drunk driving. Drunk driving education starts in high school, and from there on out, there isn’t a single driver who isn’t aware of how dangerous it is to crawl behind the wheel of a car when affected by alcohol.
Being aware of how affected one is doesn’t mean that there will be any additional control over the vehicle. Being aware of how affected one is means that the driver knows full well that they do not belong behind the wheel of a car.
An auto accident lawyer can meet with the victim, if able, and the family members and go over the victim’s and family members rights in the event of a drunk driving accident. Nobody should have to go through the aftermath of a drunk driving accident alone, and an auto accident lawyer can make helpful recommendations in receiving the quality care that a victim and their family may need.
There has been an increase in the publicity of drunk driving accidents involving a single car, numerous passengers, and only one or two survivors. These cases typically involve teenagers and young adults who are interested in partying, but these cases can be a little more difficult.
The argument has been made that the victims knew the driver was drunk and still got in the car with them. Some people have disagreed with the high jury awards and personal injury settlements that have come from these cases. An experienced auto accident lawyer can fully explain the rights of the victims in these cases, and also explain why the filing of an auto accident lawsuit is not inappropriate in these cases.
The victims are not responsible to know the condition or the blood alcohol level of the driver. These cases can become very terse and tense if the auto accident lawsuit goes to trial, as the defending lawyer will attempt to blame the victims. In these cases, having strong representation from a well qualified auto accident lawyer is imperative.
However, it should remain clear that just because the victims were in the car and made a choice and perhaps were even a bit drunk themselves, this does not absolve the driver from his or her responsibility and may very well still end up with a high jury award or a high personal injury settlement.
Drunk driving accidents account for a large percentage of deadly car accidents on the road today. With public awareness as it is, there really is no excuse for drunk driving accidents.
Many people have tried to lessen their responsibility for their own actions by filing an auto accident lawsuit against bar tenders and bar owners, even filing auto accident lawsuits against friends who should have stopped them from getting behind the wheel, sometimes even after an effort was made to stop the driver from leaving the bar or residence.
Drunk driving auto accident lawyers are seeing an influx of defense cases involving not auto accidents, but citations and the loss of licenses and even jail time for individuals who pull over and stop driving due to the level of affect the alcohol has had on them.
In these cases, the driver attempted to do the right thing and correct his error in judgment by pulling off the road to sleep while he or she sobered up. It seems a little incredulous to punish someone for correcting their irresponsibility before it caused bodily or property damage to someone else.
In light of these charges being valid, auto accident lawyers are finding that many people are trying to get all the way home, having considered stopping but knowing that the consequences are still quite harsh.
Don’t drink and drive.
Nick Johnson
articlesbase.com/law-articles/drunk-driving-auto-accidents-132984.html
December 30th, 2009 at 5:11 am
Statistics on alcohol vs drug auto accidents? Which one has a higher statistic? A site where I can read this?
I am doing a study on which has more, i.e., drug related auto accidents versus drunk driving accidents.
December 30th, 2009 at 10:13 am
WHO
References :
my head
December 30th, 2009 at 10:15 am
You can look at NHTSA at http://www.nhtsa.dot.gov, but the statistics are worthless. Most of the information is complied through self-reporting, inaccurate state reports, and mere hunches and guesses. There is an article out now that discusses the dangers of cell phone use while driving at http://www.livescience.com/technology/050201_cell_danger.html, which simply underscores that driving is dangerous.
Unfortunately, with organizations such as MADD that are driven by donations and thriving off fear, every statistic you get is loaded to achieve the goal. The number of “alcohol-related fatalities,” for example, specifically includes drunk driving caused fatalities as well as people that were in excess of the legal limit that were killed by someone else that was driving recklessly. It also includes people that were killed by a vehicle malfunction who just happened to have consumed any amount of alcohol and not in excess of the legal limit. The statistic also includes any person that may have consumed alcohol who is a passenger or pedestrian in a fatal accident. The higher the number of “alcohol-related fatalities” equals higher MADD contributions. For more information on this, check out http://www.alcoholfacts.org/CrashCourseOnMADD.html.
There is very little hard data on drugged driving because there has not been enough reported data, but even the term “drugged driving” is difficult to define. There are a lot of substances that are “drugs,” and they all have different statistics. None of those statistics are necessarily accurate, unfortunately. Several prescription drugs have an impairment on driving ability and lead to fatal accidents, but some illegal drugs do not impair driving ability. The degree of impairment that marijuana has on driving ability has been hotly debated, and it appears that cocaine does not impair driving ability, but it’s illegal to drive under the influence of cocaine in many states.
If you want to follow the model that has been used by our federal government and advocacy groups, you need to decide what you want to prove, then gather the statistics that support your position and ignore the rest of the data. If you want to explore the truth, you have an insurmountable task in front of you. A couple of places to start in searching out the truth are Medical-Legal Aspects of Alcohol and Medical-Legal Aspects of Drugs, which are available at http://www.lawyersandjudges.com/showproducts.cfm?FullCat=83
References :
http://www.nhtsa.dot.gov
http://www.livescience.com/technology/050201_cell_danger.html
http://www.alcoholfacts.org/CrashCourseOnMADD.html
http://www.lawyersandjudges.com/showproducts.cfm?FullCat=83
http://www.owidefenselaw.com