Personal Injury when The Defendant Is Impaired
When you are on the road, you have a reasonable expectation that all of the other drivers are operating their vehicles as safely as you. However, some drivers will drink alcohol, take drugs, or engage in other behavior that leads to impaired driving, and when an impaired driver causes an accident the results can be devastating. The secret rests on understanding how serious an impaired driving accident can be and zealously advocate for the victims of impaired driving accidents to get the compensation they deserve.
What is Impaired Driving?
Impaired driving is a term of art used in the legal community that encompasses a number of behaviors behind the wheel. However, at its core, it means that the driver is unable to safely operate a vehicle in the same manner as a sober person behind the wheel. Impaired driving can take many forms. The most common is driving under the influence of alcohol. This does not necessarily mean that the driver has a blood alcohol content of 0.08% or more. Even though a driver is below the legal limit for DUI does not mean that they are automatically safe to be behind the wheel, and the driver can still be impaired with a lesser amount alcohol in their system. This is not a criminal case at hand where the legal level is in lay. It is a civil action where the alcohol use is an element of negligent behavior.
Another common cause of impaired driving is when a person operates a vehicle after consuming illegal or even prescription drugs. This does not refer to antibiotics. It refers to drugs that cause similar disorienting, sluggish, or other effects on a driver that would inhibit their ability to drive safely.
Drivers can also be impaired if they choose to drive while extremely tired. In particular, this is often a cause of impaired accidents involving commercial truck drivers that are on strict deadlines and can go hours, if not days, without sleeping while behind the wheel.
When hiring an experienced personal injury attorney after being hurt in an impaired driving accident is incredibly important for your claims process. A lawyer will immediately open their investigation into the accident, taking into account such things as:
road topography (hills and valleys, bridges and the like)
videos and many more sources of evidence
A qualified lawyer is looking out for your best interests and knows what full compensation should be for your claims. An attorney will serve as a shield between you and the impaired driver’s insurers and attorneys.
In cases where the impaired driver does not want to settle for a reasonable amount, a lawyer will take your case to court. Cases of impaired driving can be difficult to prove, so having an experienced lawyer handling the issues can make all of the difference in your compensation claims; presenting the best arguments for your damages to the judge and make sure that you are given the compensation owed for the injuries caused by an impaired driver.