For over 36 years, Montlick & Associates has aggressively fought for justice on behalf of injured victims and those who lost loved ones because of negligent drivers. With billions of dollars recovered for our clients, Our Experience Pays!™*
If you have been injured or lost a loved one in an auto accident caused by an impaired driver, call Montlick & Associates, Injury Attorneys, today for your free consultation. Contact us Nationwide, 24/7 at 1-800-LAW-NEED (1-800-529-6333), or by simply dialing #WIN (#946) from your cellphone. You may also visit us at Montlick.com and contact us through our Free Case Evaluation Form or Free 24-hour live chat.**
DUI and Drug-Impaired accidents are always avoidable, which makes them all the more tragic when someone is killed or catastrophically injured. In this day and age of omnipresent mobile technology and ridesharing, people have no reason to get behind the wheel after drinking or using drugs. Ride-sharing apps are easy to use. One-touch of a virtual button and a sober driver arrives ready to take the inebriated passenger home. Taxi cabs are still in use in most metropolitan areas as well, and are also readily accessible by a simple phone call.
Motorists driving while impaired by alcohol or drugs are statistically more likely to crash their vehicles than any other motorist. An individual driving while inebriated runs a greater risk of killing another person on the road. According to the Centers for Disease Control (“CDC”), 29 people die every day in the United States because of the actions of alcohol-impaired drivers, and automobile crashes caused by alcohol annually cost $44 billion.
Impaired drivers have a significantly greater chance of being involved in a severe collision because of the driver’s inability to maintain control over the car. In a recent year, there were over 36,500 people tragically killed in accidents that involved at least one driver or a motorist who had a blood alcohol concentration (BAC) of 0.08 grams per deciliter or more.
The reasons why drunk driving and drug-impaired crashes cause significant damage are numerous. Inebriated motorists tend to operate at excessively high speeds, weave through traffic, brake without warning, and/or drive on the wrong side of the road. This reckless driving behavior leads to crashes that cause severe personal injuries, such as traumatic brain injuries, internal organ damage, paralysis, spinal cord injuries, and amputations.
Every state in the country eventually adopted the “legal limit of 0.08% BAC” as a per se violation of the law. However, other states have enacted criminal penalties for even less blood-alcohol levels. However, the 0.08% BAC limit is statistically significant. The figures show that a 0.08% BAC is the level of intoxication at which driving safely becomes very difficult. A person driving with a 0.08% BAC is proven to be eleven-times more likely to die in a crash than a sober motorist. The risk of death becomes 29-times greater when the operator’s BAC reaches 0.10%. Furthermore, according to a recent study, twenty percent of all fatal crashes involving alcohol included a driver with a BAC of over 0.10%.
Law enforcement officers working accident scenes will normally conduct a criminal investigation if they suspect that a motorist is intoxicated. The police will gather all of the evidence required for criminal prosecution. In many cases, evidence obtained in the criminal investigation can be used to bolster civil claims for damages as well. The following types of evidence, among others, can help prove the liability of defendants in auto collision claims, as well as provide a basis for punitive damages:
If a person accused of drunk driving pleads guilty or is found guilty by a judge or jury, then evidence of the conviction can sometimes be used to prove the liability in an associated personal injury or wrongful death claim. Additionally, injured victims of automobile collisions caused by intoxicated drivers can often pursue punitive damages (also known as penalty or exemplary damages) in addition to medical expenses, lost wages, and pain and suffering. Families of lost loved ones can also pursue wrongful death damages, including compensation for funeral expenses or the full value of the deceased person’s life, depending on state law.
In any given DUI case, an intoxicated driver may not necessarily be the only liable defendant. Many states have enacted Dram Shop Acts as well as social host liability laws, which obligate an alcohol-serving establishment, such as a bar, or the owner of a home who served alcohol to a drunk driver to pay damages to a plaintiff, depending on different types of circumstances according to state law, such as, by way of example only, whether the establishment or social host knew the defendant was intoxicated and planned to drive, or if they knowingly served alcohol to a minor. Dram Shop laws and social host liability laws vary from state to state, but our attorneys examine all viable avenues of recovery in order to maximize the value of our clients’ cases by law.
All types of legal claims are subject to “statutes of limitations” or legal time deadlines.
WARNING: Failing to comply with a statute of limitations will permanently bar your right to a recovery, and there are also exceptions that can shorten or even lengthen the deadline!
By way of example only, certain types of claims, such as claims against governmental entities, can have much shorter deadlines. In some cases, a combination of different types of legal claims may exist that involve different time frames, which may be due to multiple defendants and/or even the laws of more than one jurisdiction.
Our personal injury and accident attorneys can examine the facts and circumstances relevant to your case to determine which statutes of limitations (deadlines) apply. We take the required actions to preserve all-important legal deadlines on behalf of our clients.
Our attorneys fight hard to get our clients the compensation they deserve. No matter where you are located, we are just a phone call away. For your Free Consultation contact Montlick & Associates, Nationwide 24/7 at1-800-LAW-NEED (1-800-529-6333) or by simply dialing #WIN (#946) from your mobile phone. We also can be contacted at Montlick.com where you can submit a Free Case Evaluation Form 24/7 or utilize our 24-Hour Live Chat.
*Dollars recovered are cumulative and not indicative of individual case results. Each case is unique. Results depend on the facts and applicable law.
**Legal Services are provided by Montlick & Associates, P.C. and local associated law firms at no additional cost to you depending on the jurisdiction, and any specialized expertise required. For more information, click here.