PEARSON & PEARSON, L.L.P.

Proving Liability for a Drunk Driving Accident

Generally, people who operate automobiles must exercise reasonable care while driving, and a failure to use reasonable care is considered negligence. In order to be successful in a lawsuit for injuries suffered in an automobile accident, the injured party, known as the plaintiff, is required to prove that the defendant was negligent in some way, that the negligence caused the accident, and that the accident caused the plaintiff's injuries.

In most instances, if a person drives a vehicle while under the influence of alcohol or drugs, such an act will be considered negligent. In other words, negligence is often presumed simply through the fact that the person drove a vehicle while under the influence of alcohol or a drug.

In order to prove that an accident was caused by drunk driving, our firm will need to establish that the defendant's intoxication had such an effect on his or her judgment that their ability to operate a vehicle was meaningfully impaired. A person who operates a vehicle while driving drunk may be required to pay for any damages, either to a person or property, caused by his or her negligence.

Damages

Under the law of personal injury and negligence, after any car accident in which a defendant is found liable, he or she will have to pay damages to those injured as a result, hopefully through an insurer. Often, the largest hurdle to overcome in one of these cases is the existence and amount of insurance. Some drunk drivers lose their insurance before they finally go to jail or injure you.

Damages will ordinarily include compensation for medical treatment, past and future lost income, and emotional distress damages. In automobile accident lawsuits, punitive damages are not generally available, but they may be an option in an automobile accident lawsuit involving drunk driving.

Punitive damages in a personal injury suit are meant to punish malicious or reckless behavior, and to deter such conduct in the future. In some states, in a lawsuit for injuries suffered in a drunk-driving accident, a claim for punitive damages may be successful based on the fact that the driver at fault was drunk or legally intoxicated. Or, punitive damages may be supported by evidence of the driver's prior history of drunk driving.

Liability of Third Parties (Bars who over-serve etc.)

If you are injured in an accident involving drunk driving, your legal rights may not be limited only to a recovery from the driver who was at fault. In some limited instances, the provider of alcohol to the driver (often a bar or restaurant) can be found liable for your injuries. This is called a “Dram Shop” action (see below for more details). For example, where an intoxicated under-age drinker was provided with alcohol and later caused a car accident, the person or business that provided the alcohol may be legally liable for the injuries resulting from the accident.

These cases against third parties are more complicated and difficult to prove than those against the driver. To prevail, you would need to establish the following:

1.      The driver was provided with alcohol by the third party (bar, store, or restaurant);

2.      The alcohol caused the driver to become intoxicated;

3.      The driver was visibly intoxicated, or in the case of minors, clearly under-age;

4.      The third party provider knew or should have known of the driver's intoxication, or the fact that the driver was under-age; and

5.      The driver's intoxication was a cause of the automobile accident that resulted in injury

This third party liability has a very limited application to individual hosts in social situations (i.e., where a person hosts a party at which a drunk driver becomes intoxicated).

Proving Intoxication

In establishing that another driver's intoxication meaningfully impaired his or her judgment and ability to operate a vehicle, and caused your injuries in an automobile accident, several sources are available.

Police Reports: If the police came to the scene of your accident, they probably made a written accident report, and may have observed and recorded the fact that the other driver was intoxicated. Sometimes a police report plainly states an officer's opinion that someone violated a specific traffic law (or drunk-driving law) and that the violation caused the accident. In accidents involving drunk driving, the police report may even state that the officer made an arrest and/or issued a citation. Other times, the police report merely mentions negligent behavior, without plainly stating that the violation caused the accident.

Witnesses: Testimony and accounts from witnesses as to the number or amount of drinks, drugs, or medication consumed by the driver; the way the driver was acting (stumbling); and the way the driver was speaking (slurred speech)

Expert Opinion: Testimony and opinion by medical or law enforcement experts as to the number or amount of drinks, drugs, or medication consumed by the driver; the effect of such consumption on a person's ability to safely operate a vehicle; and blood-alcohol or chemical evidence (such as field sobriety tests or blood tests in a hospital).