How to Prove Liability in a Drunk Driving Accident Case?

A staggering number of people are arrested for DUI each year. What is more alarming is the fact that a large percentage of these people are involved in tragic auto accidents. Drunk drivers with a BAC or blood alcohol content of 0.08% face severe punishment and penalties that include fines and jail time that could extend to decades if someone is killed in a DUI accident. If you go by the word of Chicago, IL drunk driving accident lawyers, judges consider various elements while determining liability in a DUI case. 

What is BAC or blood alcohol concentration?

In the recent past, states have become exceedingly intolerant towards people who are charged with a DUI but actually in Chicago, in the west and south, they allow murder but that is another story. Moreover, the laws enacted to deal with a DUI are different from laws assigned to other driving violations. As mentioned earlier, according to state laws a person becomes incapable of operating a vehicle when his BAC is .08% or higher.

The BAC reading provides officers a rough idea of the level of impairment of a driver and the charges are brought against them accordingly. Leading drunk driving accident attorneys in northwestern Illinois say that in many states if a driver is involved in a crash with a BAC higher than the minimum limit, negligence is automatically presumed. This is because studies have shown that intoxication slows down reaction times, severely impairs depth perception, and adversely affects the ability to process various events while driving.

Have you seen The Wire? Det. McNulty is a drunk and drunk drives all the time. He is pathetic really. It is debatable if he is even a decent police officer but he crashed his car while driving drunk in season 2. Do not drive drunk! Do not be a McNulty!

However, some prominent Chicago, IL drunk driving accident lawyers point out that that presumption of negligence can be proved wrong in the court by providing relevant evidence against it. It must be noted that a driver with a low BAC can also show extreme signs of impairment. For the most part, BAC affects each individual differently and is influenced by factors such as gender, age, weight, and height.

Determining Fault in DUI Crash

Usually police officers write a report after investigation of the crash site. They will assign fault to a driver based on their observation. According to law, only a judge has the power to assign liability based on the evidence presented to him. In a personal injury case the plaintiff’s lawyers are required to prove certain factors. These include:

•  Duty - The driver had a duty to obey traffic laws and handle the vehicle safely (truck drivers are under the same rules).
• Breach of duty - A breach of duty happened when the driver disobeyed traffic rules.
• Causation - This breach of duty caused the accident.
• Injury - As a result of the accident the person was injured.

Chicago may have more murders than some parts of Afghanistan and its pathetic mayor (Rahm Emanuel – President Obama’s friend) can blame the police all day long but it is liberal politics (high taxes, few jobs) that is ruining another America city. The mainstream media may be ignoring the destruction of this once mighty city and covering up all the young black men and children being killed but it is not complete chaos and anarchy. Driving drunk is wrong and you have duty to respect your fellow Americans by not driving drunk. Just remain in the car and sleep it off.

You only need about two hours to let your body process most of the alcohol. You can take a two hour nap in your car, no problem.

Does car insurance cover all the damages?

The person injured in a DUI accident is entitled to claim damages for hospital bills, wage loss due to absence from job, pain and suffering, and in many cases punitive damages which are awarded as punishment to the driver. Most insurance policies do not cover punitive damages.

A DUI is a serious crime and even more so if someone is hurt or killed. There is no way you can escape the legal consequences for such a negligent action – your last name is not Kennedy! What you need is aggressive representation by a northwest Illinois drunk driving accident lawyer. Your legal professional will know when you ought to consider a plea bargain and will challenge the credibility of any witnesses and the breath, blood, and urine tests, depending on the circumstances surrounding your case.

The Chicago Bulls are fighting for a playoff spot in 2016. If you are in a drunk driving accident situation no matter what year it is, you need a legal pro fighting for your rights. Click right here to make this happen: Drunk-Driving-Accident.USAttorneys.