While many steps have been implemented to reduce the prevalence of alcohol related accidents that result in serious injury and wrongful death, drunk driving remains a leading cause of motor vehicle related fatalities. Drunk driving accidents are particularly tragic because the human toll posed by such collisions is completely avoidable. When auto accidents are caused by drunk drivers, it may be easier to prove liability though liability is not automatic. A DUI accident in Mississippi also may give rise to damages not available in many other types of accidents. At Barrett Law, we have provided answers to commonly asked questions about drunk driving accident personal injury claims.
Are drunk driving accidents still a significant cause of injuries and fatalities?
Approximately thirty people are killed in drunk driving accidents on a daily basis in the U.S. according to the Centers for Disease Control and Prevention (CDC). This means that alcohol related accidents account for nearly a third of all motor vehicle related fatalities. Almost 1.4 million people per year continue to be arrested because police determine that they are driving under the influence of alcohol or drugs, but this is less than one percent of the 147 million drivers who indicate that they drive under the influence of alcohol each year. While the toll in injuries and loss of life caused by drunk drivers is enormous, the estimated fiscal cost of $51 billion per year is also staggering.
If I am in an accident with a drunk driver does that mean that the other driver is automatically at-fault?
While proving the fault of a drunk driver often is easier than establishing other forms of negligence, liability is far from automatic. Many times a driver who is intoxicated may challenge the evidence suggesting the driver was under the influence of drugs or alcohol. While the guilt of a driver for driving while intoxicated may be established by a DUI conviction in a prior criminal trial, the question of causation both of the accident and injuries may still be contested. A driver may be over the legal limit of .08 percent BAC and convicted of DUI but may not have violated any traffic laws or otherwise driven unsafely. Even if the driver convicted of DUI did violate a traffic law, it is still necessary to show that the violation caused the accident and your injuries. The attorneys for the other driver’s insurance company may argue that the injury victim’s driving was the cause of the accident or that the victim’s injuries were not caused by the collision.
Are the damages that are available as part of a Mississippi drunk driving accident claim the same as other motor vehicle accidents?
Generally, you may receive all of the types of damages that you will receive in other motor vehicle accident cases in a case involving a defendant that was driving while under the influence of drugs or alcohol. However, the defendant’s conduct will typically be more objectionable to the judge or jury which may result in a more generous damage award including an award of punitive damages. Punitive damages are a special type of damages intended to punish particularly objectionable conduct and to deter such conduct in the future.
What steps have been taken to limit drunk driving accidents?
There have been many laws and enforcement mechanisms in place that have reduced the number of drunk driving fatalities including:
- Graduated licensing for new teen drivers which include zero tolerance policies for drinking and driving
- Sobriety checkpoints
- Stricter drunk driving sentences including mandatory minimum jail time
- Requiring installation of ignition interlock devices that disable the vehicle without a breath sample
These changes have been combined with public service programs which have helped inform the public of the high risk of committing DUI.
How does alcohol impair driving ability and cause accidents?
Alcohol is a depressant which can impact driving ability in a wide number of ways including:
- Diminishing decision-making and judgment
- Slowing reaction time
- Impairing coordination
- Affecting vision and perception of distance
- Promoting drowsiness
All of these effects of alcohol make it more difficult to driver safely or to react to sudden road hazards. It is never advisable to drink and driver. If you or someone you love has been injured in a collision with a drunk driver, our experienced Mississippi drunk driving accident attorneys may be able to help you seek fair compensation and punish this reprehensible conduct. The experienced Mississippi drunk driving 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.