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Who is Responsible for Damages and Injuries Caused by a Drunk Driver?

DUI_Accident

A woman who nearly died at the hands of a drunk driver in 2016 says she’s angry that the man that was responsible for nearly killing her isn’t going to spend enough time in jail. The woman was on her way to have dinner with her fiancé when she was hit by a drunk driver. His blood alcohol content was double the legal limit.

He was driving the wrong way down Highway 385, and it wasn’t the first time he had been caught driving under the influence of alcohol. It was at least his third time. This time he pled guilty to vehicular assault and DUI and was sentenced to three years in prison, but he’ll be eligible for parole next January. The victim says it’s not fair because she will spend the rest of her life looking at the scars and dealing with the health issues caused by the driver.

Proving a Personal Injury Case When a DUI is Involved 

It is important for a personal injury attorney to be able to prove three things when working on an accident that involves a DUI.

  1. Through the violation of a criminal statute, your attorney should be able to show that the person injured was in the class of people that the criminal statute was meant to protect, meaning that the statute the drunk driver was violating was meant to keep the offender from doing something that could harm another person.
  2. Second, you must demonstrate that the harm that the injured person suffered was within the class of harm that the criminal statute was created to protect.
  3. Third, it must be shown that the offender violated the criminal law making it a public safety wrong, and not a civil wrong.

Drunk drivers are almost always liable under a theory of negligence. This means that they failed to meet the standard of care in which someone acting under the same situation would have acted. Their failure to act in the typical manner resulted in injury to someone else. This negligence means that they are also likely responsible for injuries and damages caused by their reckless behavior.

Who May Held Responsible for the Injuries and Damages? 

Obviously, the driver can be held responsible for the damages and injuries they caused. An experienced Tennessee personal injury attorney will be able to help you protect your rights and make sure you are compensated appropriately for your injuries and damages.

Sometimes, however, it isn’t just the driver of the vehicle that can be held responsible for the accident. Tennessee laws allow claims to be placed against the party host or liquor establishment that served the alcoholic beverages to the drunk driver. If the driver was served more than they should have been and was visibly intoxicated when being served, the establishment or person who served them could be held liable.

Contact a Personal Injury Attorney 

If you or a loved one has been injured due to the negligence of a drunk driver, you are likely eligible for compensation for your injuries and damages. The experienced attorneys at Calhoun Law, PLC in Tennessee can help protect your rights and be sure that you are compensated to the full extent of the law. Contact them today for a consultation.

Resources:

tn.gov/content/tn/safety/publicsafety/duioutline.html#duithird

wmcactionnews5.com/story/38400398/3-time-dui-offender-could-get-out-of-jail-in-7-months

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