The Different Degrees of Drunk Driving
Any way you slice it, the number of drunk driving accidents has increased significantly in recent years. Between about 1990 and 2020, a long-term drunk driver crackdown slightly reduced the number of these accidents. But during pandemic lockdowns, alcohol consumption increased and traffic enforcement dropped off. So, motorists reverted to a few bad driving habits, like drinking and driving, they had before.
The drunk driving rate has changed, but the serious injuries these collisions cause are unchanged. A San Marcos personal injury lawyer usually has multiple legal options in these cases, so victims get the compensation and justice they need and deserve. Generally, drunk driver crash cases, and most other personal injury cases, settle out of court, and on victim-friendly terms.
Alcohol Impairment
Alcohol is a powerful depressant. The impairing effects of this substance, mostly poor judgment and slow reflexes, are well known and, in many cases, welcome. However, they’re most unwelcome when driving a motor vehicle.
The duty of care requires all motorists to be at their absolute best, physically, mentally, and otherwise, when they get behind the wheel. So, if an impaired driver causes a crash, a San Marcos personal injury lawyer can obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Evidence in an alcohol impairment case includes:
- Probable recent consumption (e.g. the tortfeasor (negligent driver) just left a party where alcohol was served,
- Erratic driving before the wreck,
- Statements about alcohol consumption (e.g. “I only had one or two beers”), and
- Bloodshot eyes, slurred speech, and other physical symptoms.
The burden of proof in a negligence case is only a preponderance of the evidence (more likely than not). So, a San Marcos personal injury lawyer doesn’t have to “prove” a tortfeasor was impaired. Instead, a lawyer must prove the tortfeasor was probably impaired.
Alcohol impairment begins with the first drink. Substance impairment usually begins with the first puff or pill.
Alcohol Intoxication
California has a very broad DUI law. If the tortfeasor’s BAC was above the legal limit (usually .08 for noncommercial drivers and .04 for commercial drivers), the victim could be entitled to damages as a matter of law.
This principle, which is called negligence per se, usually applies even if the tortfeasor “beats” the DUI in criminal court. A civil jury determines all these facts in a civil case, including intoxication or the lack thereof.
Nevertheless, evidence, such as medical bills, is still important in these cases. Usually, there’s a direct relationship between the amount of evidence a victim presents and the amount of compensation a jury awards. Insurance company lawyers are well aware of this relationship. So, additional evidence drives up a drunk driving claim’s settlement value.
The broad DUI law also affects non-alcohol intoxication cases, such as marijuana use or use of another legal substance. Chances are, most people have an impairing substance, such as sugary soda, an energy drink, or caffeinated coffee, in their pantry and/or refrigerator.
Additionally compensation is usually available in an intoxication case. The evidence is stronger and, arguably, these tortfeasors knew they shouldn’t drive and got behind the wheel anyway.
Reach Out to a Detail Oriented San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
madd.org/drunk-driving-deaths-rose-to-32-of-all-traffic-fatalities-in-2022/
