Drunk Driving Accident Claims
All drunk driving accidents are preventable. It’s a sad reality that most victims who are seriously injured in drunk driving accidents are unimpaired, law-abiding citizens. It does not matter how careful and conscientious you are behind the wheel. It only takes one impaired or drunk driver to put you in the hospital.
Repeat offenders are also a major issue because of their deliberate choice to consistently endanger the lives of others regardless of how many times their license has been suspended or they have been arrested.
So, who is liable in a drunk driving accident? The drunk driver is always the one responsible for driving while they are impaired. However, the circumstances of your case are unique and might prove that other parties were liable as well. Bartenders, bar owners, waiters, and people hosting parties could all be found partly liable for over-serving a guest or allowing them to leave the premises knowing they were intoxicated.
Even drivers whose blood-alcohol level does not exceed the legal limit can be held responsible for your accident in some cases.
Here are some of the damages you can seek compensation for in a drunk driving accident claim:
- Hospital bills
- Lost income
- Permanent or temporary handicap
- Property damage, including damage to your vehicle
- Punitive damages
- Ongoing medical care
- Home healthcare worker for an injured family member
If you have been injured in a DUI accident or have recently lost a family member in an accident caused by a drunk driver, contact Mama Justice right away to see if you can file a claim for your injuries and losses. We also have decades of experience with wrongful death claims and can explain the entire process so that your questions will be answered and your loved one will get justice.
Mississippi Drunk Driving Accident Attorneys
Caring for the Injured and Bereaved in Mississippi, Tennessee & Alabama
Drunk drivers face serious criminal consequences, but this does not always stop them from driving under the influence, nor does it do anything to help those who face injuries and losses as a result of drunk driving behaviors. With almost 30 people per day killed in drunk driving accidents, this lack of justice is unacceptable. That’s why Mama Justice – MW Law Firm exists. We take care of the injured and bereaved after devastating drunk driving accidents and help make sure the responsible parties handle all the consequences of their actions.
How a Conviction Can Help Your Case
Like all other personal injury claims, drunk driving accident cases are based on negligence. To prove a negligence claim, you must show:
- The drunk driver (the defendant) owed you (the plaintiff) a duty of care
- The defendant violated this duty (by acting carelessly and driving under the influence)
- You suffered an injury
- The defendant’s violation caused your injury
In car accident cases, the duty of care is implicit, as all drivers owe those around them a duty of care. If the defendant was driving drunk, their breached duty is clear, as well. Your medical bills will help you prove your injury.
The hardest part of most cases is proving that the driver’s behavior caused your injury. This is where a criminal conviction can come in handy. Not only will an arrest and conviction prove that the driver was intoxicated, but it will also set a legal precedent with a higher burden of proof. In criminal trials, prosecutors must show the defendant is guilty of causing a collision (or injuries or fatalities) beyond a reasonable doubt. In civil trials, the plaintiff must only prove the defendant’s liability with a preponderance of the evidence. This means that there only has to be a 51% chance that the defendant’s behavior caused your accident.
If a drunk driver has already been charged for your accident, fact finders will not have a difficult time believing that the driver is more than 50% liable for your accident.
Even if the driver who harmed you wasn’t charged with drunk driving, police records can prove that they had alcohol in their system at the time of the collision.
Any Amount of Alcohol Can Impair
In all 50 states, the legal limit for blood alcohol concentration (BAC) is .08 grams of alcohol per deciliter of blood. At this stage, drivers’ abilities to balance, talk, see, hear, react, and detect danger decrease; and they have a more difficult time with judgement, self-control, and reasoning. Even before they reach the legal limit, however, drivers can feel the effects of alcohol.
If any person with any amount of alcohol in their system caused your accident, you may be entitled to civil compensation. A drunk driver is unlikely to be arrested if their BAC is below .08, but you can still hold them accountable in court.