Death in an accident caused by a drunken driver

This entry was posted on Wednesday, September 7th, 2011 at 9:31 am and is filed under Accident Law . You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

One hears of severe penalties for DUI drivers,. Yet many people still persist in having a few of drinks at a bar after work then hopping into their car and driving 10 miles home.

In many countries, such as Russia, including many of the former Soviet republics, and Canada there is no alcohol allowed in the blood whatsoever if in command of a vehicle on a public road. In the United States the legal blood alcohol limit is 0.08% Blood Alcohol Content (BAC) if over 21 (if under 21 years of age 0.01%), Some states have imposed somewhat stricter limits but California remains at 0.08% BAC.

This means that after 3 drinks anyone weighing less than 180 lb is over the legal limit and should not be allowed to drive. For a minor (Less than 21) even 1 drink is too much. The penalties are mandatory suspension of a license for a period, a hefty fine and possible jail time. Repeat offenses within 10 years carry harsher penalties including a longer and longer suspension of the license.

If there are aggravating circumstances, such as speeding, traffic violations and possibly causing an accident the penalties are likely to get a lot harsher.

It is now mandatory in Los Angeles for anyone convicted of DUI to install a Ignition Interlock Device which will not allow the car to start if any alcohol is on the breath of the operator. It also may require periodic samples of the breath while driving.

And yet people still do it. A recent example is reported from Montana where a 34 year old women is being charged with causing a fatal crash (Vehicular homicide) while DUI. She was tested at the scene with a blood alcohol limit of 0.262 (more than 3 times the legal limit). Her charges include felony criminal endangerment as there were additional injuries to another 7 people in this accident. (Source Woman charged in fatal drunken-driving crashBillings Gazette Sep 2 2011.

This sort of accident is not uncommon and, were such an accident to be in LA, the other parties involved in the accident would be wise to consult a Los Angeles Personal Injury Lawyers who would set about recovering the costs of all medical expenses, loss of earnings, rehabilitation, pain and suffering and of course repair costs to the motor vehicle from the Drunken Driver’s personal estate or insurance company. One had also better hope that they had sufficient Under/uninsured insurance on their own vehicle as the minimal insurance on the drivers vehicle is unlikely to cover the costs involved.

It is also extremely difficult and complicated for an individual to put in and pursue these claims on their own. Were they to do so they would certainly have to spend a lot of time avoiding and getting around the various obstacles that the insurance companies will put in their way.

A Los Angeles Wrongful Death Lawyershould also be appointed in the case of the estate of the person who was killed. There is nothing anyone can do to bring the deceased back to life but an attorney proficient in such cases will pursue whatever avenues are open to him to get some form of recompense.

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