Pursuing Compensation after a Drunk Driving Accident

Drunk driving collisions are a plague on the roads. There is almost one-third of all accidents where fatalities are involved with a drunk driver.

This equals almost one person dying in an alcohol-related death in slightly less than one hour in the United States every day of the year. With this many affected by those that drink before or while driving, law enforcement has increased manners in which to remove these vehicle operators from roads and traffic. However, even with breath and blood tests, field sobriety tests, vehicle inspection and other ways to crack down on those under the influence of alcohol, the number of accidents and death is still far too high.

It is vital to seek compensation when a collision occurs. The best way to do this is to hire a lawyer and either negotiate a settlement or pursue compensation through a court case. Once evidence has been gathered, witnesses interviewed and opposing counsel has been conferred with, the legal representative may explain the best route to take. Many may seek swift action and a less expensive path through settling with an insurance carrier or after this has failed through the lawyer of the insurance company. While most suits never see the court room, if a negotiated claim may not be possible, the next action may be through a determination of a judge or jury.

Public Health Concern

Since 2009, there have been over 34,000 deaths due to traffic accidents with at least 11,000 of these due to alcohol-related incidents. With about one-third of crashes being caused by driver that are influenced by alcohol, this issue is a public health concern for others in traffic and on roads. There have been public service announcements, driver education courses, groups campaigning to put an end to this problem, rehabilitation and various other manners of resolving the issue. Unfortunately, there are still far too many drivers that drink before or during their drive. As considered legally drunk with a blood alcohol content of .08 percent or greater, about one-third of crashes with fatalities have persons behind the wheel with this BAC level.

The concern with drivers that drink is so great that law enforcement have created ways to fight this concern. Additional safety measures with road blocks and field sobriety have been implemented acorss the United States. It is important to catch those that are at or over the legal limit in BAC levels. The median of all those caught under the influence of alcohol have a BAC of .17 percent. This is over double the limit, and these drivers have a greatly increased capacity to cause accidents, injuries and death. Additionally, those with these BAC levels have been found to be at about nine times more likely to have previous DUI convictions in the past.

Claims for Drunk Driving Incidents and Hiring a Lawyer

When someone has injured or caused the death of another in a traffic or road incident, it is essential to start a claim immediately. This means gathering as much evidence as possible even if it is obvious the driver that was drinking is responsible for the accident. A personal injury lawyer should be hired to assist in pursuing all owed damages to compensate for the medical treatment needed, pain and suffering caused as well as loss of income due to the problem. While the opposing insurance company may attempt to settle, it is important that all owed compensation is obtained. This may require the aid of legal representation for reasonable and fair monetary payouts by these agencies. Typically, the lawyer may need to negotiate a better deal as the initial offers are too low to even be considered.

Additionally, the victim of the accident may have the opportunity to either sue for or be awarded punitive damages. This often requires that the suit go to court with a judge or jury making a judgment where these punitive awards are issued to ensure the defendant is punished for his or her then convicted crime. Many of the damages owed cover everything from the medication, treatment and lost income to pain and suffering that the victim suffered during and after the incident. Any punitive damages received are on top of the compensatory benefits. If a court case is necessary, a lawyer is indispensable. IT is vital that one has been hired to work on behalf of the victim and provide a higher chance of success in the event any possible complication or difficulty arises.

Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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