A staggering number of
people are arrested for DUI each year. What is more alarming is the fact that a
large number of these people are involved in fatal 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 car accident. According to Fairfax, VA DUI lawyers, judges consider
various elements while determining liability in a DUI case.
What is BAC or blood
alcohol concentration?
States have become
exceedingly intolerant towards people who are charged with a DUI. 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 DUI attorneys in Virginia explain 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.
Now if you want to see a
quick reaction time you probably want to see X-Men Days of Future Past or Apocalypse.
Either one of those movies you will show you a character called Quicksilver or Peter
Maximoff (Evan Peters) who can run so fast that time stops. He can operate so
quickly that he can even out race bullets and explosions! Now you may never
have a reaction time like this but if you are inebriated then your reaction
time is even worse and this is why you do not want to drive drunk. Well, one of
the reasons.
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| If you want a world class Fairfax, VA DUI lawyer, USAttorneys.com is where you need to go. |
However, some prominent
Fairfax, VA DUI lawyers point out 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 a DUI Crash
Usually police officers
write a report after a thorough 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. 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.
- Breach of duty - A breach of duty occurred 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.
Does car insurance
cover all the damages?
An individual injured
in a DUI car 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.
If you are arrested for a DUI,
there is no way you can escape the legal consequences for such a negligent
action. What you need is aggressive representation by a committed Virginia DUI
lawyer. Your legal representative will decide on an appropriate defense
strategy and will challenge the credibility of witnesses, and breathalyzer,
blood and urine tests, depending on the circumstances surrounding your case.
Quicksilver is fast but
not as fast as the Internet. Press right here DUI-USAttorneys.com to find the legal
help you need.
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