Drunk Drivers

Washington, D.C., Maryland and Virginia

Nearly 40% of auto accident fatalities are alcohol-related. Impaired driving of any type, including driving under the influence of drugs and fatigued driving, is dangerous and a common contributor to accidents. Drunk driving is just one of many types of impaired driving, and it can sometimes be one of the easiest to prove in a court of law.

Collecting evidence

Collecting evidence is one of the most important and biggest challenges in proving fault in a lawsuit. Drunk driving lawsuits are almost always accompanied by criminal cases. These cases will be separate, but criminal convictions require a higher standard of proof than civil suits, so a conviction in the criminal case will lend credibility to your civil suit. Some of the evidence and records amassed in the criminal case, such as breathalyzer or blood test results, may be available to your attorney.

Blood alcohol concentration

Blood alcohol concentration (BAC) is the primary element in drunk driving cases. The legal limit for adults is .08. Special circumstances, including drivers under the age of 21 and drivers of commercial vehicles, carry an even lower limit. A driver’s BAC is normally determined by a breath test, but may be determined by a blood test.

Responsible parties

Typically, the drunk driver will be held responsible for their actions, but in some cases there may be multiple responsible parties. For instance:

• A bar or restaurant may be held responsible for serving alcohol to an already intoxicated person.
• Adults may be held responsible for providing alcohol to minors or for allowing them to drive intoxicated.
• Employers may be held responsible for allowing employees to operate vehicles or equipment while intoxicated.

Commercial carriers, such as trucking and bus companies, have an even greater responsibility to keep their drivers sober while on the road and may be held responsible under certain circumstances:

• Allowing a driver to operate a commercial vehicle within four hours of consuming alcohol
• Failing to implement random drug and alcohol testing
• Hiring or allowing a driver to operate a commercial vehicle with a current diagnosis of alcoholism

If you or a loved one has been injured or killed in an auto accident, caused by a drunk driver, in Maryland, Virginia or Washington DC, please e-mail or speak to one of our skilled auto accident lawyers before you settle with an insurance company.

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