| Drunk driving accidents are completely preventable. | | | | actions somehow contributed to their injuries. |
| They are also taken very seriously and drunk drivers | | | | Comparative negligence is another form of defense to |
| face extreme punishment under the law. Most states | | | | prevent a party from claiming damages. It reduces the |
| have strengthened their drunk driving laws to include | | | | amount of judgment based upon the fault of the |
| severe punishments for even first time offenders. If | | | | plaintiff. For example, if the defendant is found guilty for |
| you are involved in a drunk driving accident then you | | | | 60% of the accident then the plaintiff can only claim |
| need to be aware of what may happen if you were | | | | damages of 40%. |
| behind the wheel. | | | | If you are being sued by a passenger that was in your |
| Understanding Drunk Driving | | | | car then, depending on the law in your state, you may |
| Many people are guilty of drunk driving. For a lot of | | | | be able to use the defense of contributory negligence |
| those people, they were unaware that they were | | | | or comparative negligence or assumption of the risk. |
| drunk enough to be considered over the legal limit. The | | | | This basically means that your passenger knew when |
| legal limit for the amount of alcohol a person can have | | | | getting into the vehicle that you were under the |
| in their system while driving varies from state to state. | | | | influence and therefore is somewhat responsible for |
| Most states, though, have very strict limits. | | | | their own injury. |
| In some states, a person is considered drunk if they | | | | When you have been involved in a drunk driving |
| have consumed a 12 ounce beer, 5 ounces of wine or | | | | accident as a result of your own actions, you must |
| a 1.5 ounce shot of whiskey. Many people think that | | | | step up and take responsibility. You should get help for |
| having one drink is fine and that they are legal to drive, | | | | your drinking problem. If it was a simple oversight and |
| but as you see, that is often not the case. Even if you | | | | you were not intoxicated, but merely above the legal |
| are in a minor accident, being found to be under the | | | | limit then you should take care in the future to avoid |
| influence of alcohol means you will be charged with | | | | getting yourself in such a situation. Drinking and driving |
| drunk driving. You will face harsh penalties. | | | | is very serious as every year there are countless |
| Defenses of Drunk Driving | | | | people who lose their lives as a result of drunk driving. |
| If you are involved in an accident and have been | | | | Dramshop Claims |
| charged with drunk driving you will need to seek legal | | | | If you serve alcohol at a party and one of your guests |
| assistance right away. There are some defenses that | | | | causes an accident after the party, you could be sued. |
| can be used to fight drunk driving charges. Such | | | | This is sometimes covered under state Dramshop |
| defenses can help keep you from losing your license | | | | laws. |
| or from going to jail. Only an experienced lawyer, | | | | Don't let your guests leave after drinking until you are |
| though, can help you to win your case in court. | | | | completely satisfied that they are sober. Have |
| While you may not be able to completely get off from | | | | someone at the party keep the keys. That person will |
| the drunk driving charges, you can still fight lawsuits | | | | remain sober and verify that people who leave are |
| from the other parties involved in the accident. One | | | | ready to drive. Some wise hosts have their guests |
| such defense that you can use to keep another party | | | | spend the night to make sure they don't leave while |
| from recovering damages is contributory negligence. | | | | intoxicated. |
| Contributory negligence is when the other person's | | | | |