Drunk driver negligence

Negligence Claims Based on Violations of Law A second type of negligence claim can provide liability for injuries caused by a drunk driver. These types of claims are known as negligence per se claims.

Negligence per se requires that the harm suffered be the type the law meant to prevent and that the injury occurred to the type of individual the law meant to protect. In the context of drunk driving cases, most injuries easily satisfy these two requirements. Section makes driving under the influence of alcohol or drugs a crime. This law was passed to prevent injuries caused by drunk drivers and to protect other drivers, pedestrians, and passengers. Thus, showing a violation of Section can establish a negligence per se claim for a plaintiff that suffers injuries in a car accident caused by that defendant.

One important distinct to note here: a claim for negligence per se directed at Section requires the defendant to be legally intoxicated with a BAC over 0. A normal negligence claim has no threshold of intoxication. Instead, the jury will simply determine if the defendant acted reasonably in choosing to drive after drinking. If it is determined that the decision was unreasonable, the defendant is liable—no matter how low his or her BAC was.

Punitive Damages Unlike most negligence actions, drunk driving accidents may be grounds for punitive damages. Punitive damages are unlike other damages, which compensate the plaintiff for his or her injuries.

Instead, punitive damages punish a defendant for bad actions. In Gould v. Taco Bell , the Kansas Supreme Court held that punitive damages were appropriate in negligence actions when the defendant performs a wanton act. This makes sense because, while driving under the influence is a crime, it is not always the cause of an accident. If you need assistance with proving negligence or negligence per se in a DUI accident, contact a skilled attorney.

In addition to proving that negligence per se applies to your drunk driving accident, you also need to establish other elements to obtain compensation for your financial losses. While it may seem that you do not need an attorney, you actually do. You need a Manchester car accident attorney to ensure that you are fairly compensated for your damages. In fact, you may be entitled to compensation even if the other driver is not charged with a crime for operating a motor vehicle while impaired.

You need an attorney to help you determine whether or not negligence per se applies to your case to get the compensation to which you are entitled. Medical bills, lost wages, future expenses and pain and suffering are all things that need to be considered when we start working for you. We will answer any questions you have about your legal rights, and help you determine the next steps to take. If you've been seriously injured in an accident due to someone else's negliegence we can help.

Personal injury law requires a high level of skill. It is very complex and we are very proud to say we have a winning record and can provide the level of service that is necessary when dealing with clients who have been seriously injured.

Menu Home About Our Firm. Attorneys Louis B. Himmelstein Timothy J. Alles Brett M. Home About Our Firm. Request a Free No Obligation Evaluation. How does negligence per se apply in drunk driving cases? Proving a drunk driving negligence per se case Even when negligence per se applies to a case, there is still important work to do in order to win the case. Personal injury attorney for drunk driving negligence per se Have you been hurt by a drunk driver?

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