Even though Columbia is a college town, there are almost as many drunk driving collisions caused by adults who may be inebriated as much as college students. Oftentimes, the more heavily-traveled roadways by sheer default would have more drunk driving accidents. Often whenever there is a large event, such as a collegiate athletic competition or a festival, in which more individuals come into Columbia and may engage in recreational drinking, it is when the odds of a drunk driving collision increase.
If you or a loved one were severely injured due to a drunk driver, a knowledgeable car accident attorney could help your case. You may be eligible to recover compensation for damages. A Rolla drunk driver accident lawyer could investigate the events leading up to your accident and collect evidence to prove the defendant’s negligence. Our skilled legal team at the A.W. Smith Law Firm are ready to help your case.
The injured party is involved in the legal process after a car accident caused by a drunk driver. There are two types of legal processes that occur after a drunk driving incident. There is the criminal aspect and the civil aspect. Even though the injured driver may press criminal charges against the drunk driver, there is no requirement that they do so in order to proceed in a civil case. With a criminal investigation, one has the assistance of law enforcement personnel taking the necessary breathalyzer tests or BAC levels to establish that the person was intoxicated.
The city could pursue its own criminal charges against the drunk driver. That civil case, the personal injury case, would be handled separately from the criminal DUI. They may be somewhat similar and parallel in that the civil case may use evidence at the criminal trial, but they would be handled separately by separate Rolla drunk driver accident lawyers.
If the injured driver could be found at least partially responsible for the accident, negligence gets pursued in the event that the majority of the fault belongs to the drunk driver. Missouri is a comparative fault state, which means that the overall liability of both parties is assessed and divided proportionally. If the drunk driver is found to be at the majority of fault, then even if they are marginally or partially responsible for the collision, they could still pursue a claim or a cause of action.
In situations where the injured person was also the drunk driver, it can be an extremely challenging and complicated issue for a lawyer to represent. The drunk driver would be the one that was considered breaking the law. The drunk driver would be looking at a majority of the comparative fault because their senses were impaired, and they were not able to react as quickly or as appropriately in times of a collision.
In that type of situation, the attorney must demonstrate evidence that their intoxicated state was not the cause or the contributing cause of the collision, but instead, it was the fault of another individual. It is best to speak to a Rolla drunk driver accident lawyer to learn about how liability may be established in their case.
The types of damages sought by the plaintiff in drunk driving accidents include economic damages, which are the monetary damages. These could include medical expense, lost wages, and costs of rehabilitation. Injured claimants may also be eligible to recover non-economic damages, such as pain and suffering, mental anguish, and loss of enjoyment of life.
Since drunk driving is such as an egregious action, injured claimants could also seek punitive damages. Punitive damages are damages sought to punish a drunk driver and show others that may be considering driving while under the influence that it is dangerous and reckless conduct.
A person who operates a motor vehicle while under the influence of either drugs or alcohol are not only violating Missouri law and taking the risk of injuring themselves, but they are unnecessarily taking the risk of injuring other drivers on the road. Motor vehicle collisions that involve drunk drivers are preventable. A drunk motorist could be held liable for any injuries or damages they cause.
If you have been injured due to a drunk driver, you may be eligible for compensation. Schedule a consultation with a Rolla drunk driver accident lawyer. Call the A.W. Smith Law Firm today.