Drunk and drugged drivers in Mississippi are responsible for many serious accidents that result in life-altering injuries and even tragic fatalities. If a driver is injured or a loved one dies in a collision caused by someone driving under the influence of drugs or alcohol in Mississippi, a legal claim is often pursued to obtain compensation for one’s injuries or other loss. However, a new lawsuit filed by a man who pled guilty to three counts of vehicular manslaughter while operating his vehicle under the influence of drug turns the traditional DUI/DWI personal injury claim on its head.
In a story widely reported in the national media, a man who pled guilty to multiple counts of DUI manslaughter in a drugged driving accident in Florida is now suing the estate of the other driver who died in the collision. The driver who was convicted of DUI manslaughter has recently been released from prison after serving a few years of his sentence.
The personal injury lawsuit filed by the impaired driver seeks medical expenses, pain and suffering, impaired quality of life and other damages. Evidence was produced at the impaired driver’s criminal trial that he had Xanax, cocaine and alcohol in his system when he slammed into the accident victim’s vehicle which was stopped at a traffic light. The lawsuit filed by the drugged driver now alleges that the driver of the other vehicle swerved into the driver’s path. It is unclear how the driver that rear-ended the other vehicle will refute evidence from the black box of the accident victim’s vehicle that indicates he was stopped at the time of the collision.
While this personal injury lawsuit may seem appalling, the strategy employed is really no more than an extreme case of how drivers impaired by drugs or alcohol defend against lawsuits where they cause injury or wrongful death in a collision. A common strategy in auto accidents cases is to claim that the drunk or drugged drive did not cause the accident. If the judge or jury accepts the evidence that the auto accident was caused by the sober driver, the drunk driver may not be liable for the injuries or wrongful death caused by the collision. Even where the drunk driver contributed to the accident, the other driver may still be found partially at-fault resulting in a reduction in recovery in proportion to the percentage of fault assigned to the plaintiff in the Mississippi personal injury lawsuit.
If you or someone you love has been injured by a driver impaired by drugs or alcohol in a Mississippi auto accident, the experienced DUI personal injury attorneys at Barrett Law provide diligent legal representation to drunk driving victims. The experienced Mississippi pedestrian accident lawyers at Barrett Law represent our clients with diligence and compassion. We have built a reputation that has promoted the growth of our law firm throughout Mississippi since our firm was founded over 75 years ago. The experienced Mississippi pedestrian accident attorneys at Barrett Law have been providing aggressive representation to drunk driving accident victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.