Recent studies show that intoxicated
drivers tend to be involved in more car accidents as compared to drivers who
are not. In the process they get into more serious accidents because they often
tend to drive at excessive speeds. People that tend to drive like this should
have this URL (http://accident.usattorneys.com/) in their smart phone.
Whenever a driver receives a driving
under the influence or DUI ticket, or a driving while impaired or DWI, it shows
that he/she has been arrested for the offense of driving a vehicle with their
blood alcohol level exceeding the permissible legal limit.
BAC
or Blood Alcohol Concentration
BAC signifies the amount of alcohol
present in the blood. Most states have established an acceptable BAC of 0.08
percent. For the most part, BAC is intended to define intoxication as well as
to offer an approximate evaluation of impairment, and if the BAC exceeds that
level, it is presumed that the driver is intoxicated. Furthermore, if your BAC
exceeds the permissible limit, you are presumed negligent if you become involved
in a vehicle accident and you will certainly need a drunk driving accident
lawyer because charges will be filed against you and possibly even civil
charges as well.
You may have made your life a whirlwind
of legal excitement but with the right legal help you can walk away from this
situation with some hope left. It depends on the severity of the accident but
you still have rights and perhaps you are not as guilty as they are making you
out to be. Do not give up on yourself. You may not have a lot of fans in your
corner right now but this does not mean you are evil.
However and moreover, under the law this
remains a mere presumption which can be challenged since there are several
other factors involved. It is important to note a driver can become impaired
even if he/she doesn’t meet the permissible BAC level. The driver’s impairment can be
affected by factors such as height, weight, age, and gender.
Determination
of Fault
After the accident, the police officer
who is investigating the incident usually writes a report summarizing his/her
findings. The police official often expresses in the report an opinion as to
who was liable for the accident, but most states count the officer’s statement
as just an opinion. Therefore, according to the law, only a judge/jury can
determine who was in fact at fault for the accident.
For a court to arrive at that
determination, the victim must file a personal injury claim against the drunk
driver and they will need a drunk driving accident lawyer to accomplish this
properly. For the most part, four factors need to be proved by the injured
individual in a car accident case. They are:
- Duty: It is the duty of a driver to operate his/her vehicle in a safe manner as well as obey the traffic laws.
- Breach of Duty: The injured person should prove that the at-fault driver was unable to obey the traffic laws.
- Causation: The injured person must prove that the failure of the other driver to obey the traffic laws did cause the accident.
- Injury: The plaintiff must prove that the accident resulted in injuries.
If the victim cannot prove even one the
four factors, he/she is not eligible to receive any damages, even if the other driver
was indeed intoxicated. You may ask how is this possible? Well, sometimes a
sober driver can run into a drunk driver. It is rare but it does happen. They
will still receive a DUI though and need a legal representative.
If you drink and drive, chances are that
you will be held liable to pay for damages. This includes compensatory damages
for the cost of medical treatment, lost income, suffering and pain, and other
related issues. Typically, automobile insurance will cover you for compensatory
damages, but not for punitive damages.
You
do not need the Force
As you can see, a car accident case is
riddled with complications, which is why it is always prudent to hire a drunk driving
accident lawyer to help you see this through. There is one positive aspect
of all this – finding a fantastic lawyer is not that difficult any more. The
recent Star Wars movie may be disappointing but this website is not. You do not
need the force to use it, just the
Internet. Click and get yourself a legal representative.
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