Legal Issues in Drunk Driving Vehicle Accidents
Whenever a road accident happens, alcohol impairment is one of the theories to have caused it as propounded by the police officers. This is no surprise as driving under the influence seems part already of the “vocabulary” of those who forget that this misdeed could land them on jail. But get clarified, though, that it's not DUI per se that is punishable (in some states) but rather driving while impaired by alcohol or the level of substance is over that which legally allowed (.08). In any case, there is still no good insisting to ride after joining a “drinking session” with friends. Here are the reasons why:
Criminal Liability in Car Accident Involving Alcohol
If somebody got injured as a consequence of the accident and you were found out to have certain alcohol level in blood, there are corresponding criminal and civil liabilities. The victim through atlanta auto accident lawyers could particularly file battery, assault, homicide and/or other criminal charges connected to drunk driving. This may be filed separately as DUI in and of itself (even without damages or injuries) is a crime and has corresponding penalties including fines, license suspension, and imprisonment. And note, it's not only the driver which may be facing these as the bars, restaurants, or social hosts that knowingly serve the intoxicated person and allowed him/her to drive could also be held liable for the latter's actions.
Civil Liability in Similar Case
In between the drunk and the other person who is not impaired, the liability is most often imputed to the former given the presumption that if not because of impairment, the accident could have not happened. As such, the DUI driver could be held liable for any damage or injury sustained by the innocent parties. And worse if you are guilty for there are some no-fault states which do not have exceptions and, thus, allowing lawsuits over a vehicle accident caused by a drunk driver; yet, this case is generally easy to prove. Further, if the claim is proven by atlanta accident lawyers, you may be having problems on getting car insurance and driver's license.
Dram Shop Laws
There are currently many states which are imposing civil liability on certain establishments such as bars and restaurants that serve patrons and allow them to drive under the “dram shop laws”. These vary from one state to another, and may change from time to time; but generally, the statute is quite stringent on the responsibility of persons serving alcoholic beverages. Meanwhile, if the adults provide alcohol to minors, the former may have similar degree of liability with the latter.
Insurance Ramifications
As already mentioned, one worse consequence of DUI conviction is the difficulty in (re-) obtaining car insurance as the companies or the atlanta auto accident lawyer usually consider the potential lawsuit that may be faced by the driver. In other words, the criminal record is taken into account to ensure that the insurance company would not be having problem in compensating the victim in case the offender has no other recourse than using the insurance coverage.
Whether you're a fault party or a victim in a car accident caused by DUI, it would be proper to consult WarLawGroup Atlanta Accident Lawyer immediately so that you would know the right option to settle the case and avoid the harsh legal liabilities.