Drunk driving is a serious and common issue that everyone should understand and be aware of. Studies have shown that auto accidents are the leading cause of death for people under the age of 35 and about 40 percent of all fatal auto accidents are alcohol related. When involved in a drunk driving accident and pursuing a civil lawsuit it is very important to understand that there will be many aspects of the case that are unique to alcohol related accidents.
Consuming alcohol is not illegal for people over the age of 21, but there are very stringent laws against drinking and driving. Therefore, it is very common that while you are pursuing a civil suit, a criminal case will also be going on. These two cases will not be connected, but it is possible that one will affect the other.
One legal term that you will continually hear if you are involved in a drunk driving accident is blood alcohol concentration or BAC. BAC is determined by a breath test or blood test. In New York, the legal blood alcohol limit is .08 for drivers over the age of 21. For drivers under the legal age, the BAC limit is 0. A driver whose blood alcohol level is over the legal limit is legally considered a drunk driver.
A drunk driver can be held financially responsible for the accident that they caused. If you are involved in a drunk driving accident it is necessary that you contact an attorney in order to make sure you receive what you are entitled to. Insurance companies will often tell you that you do not need an attorney because they will settle out of court. However, these settlements are usually not fair. The settlement will likely cover current medical bills and property damage, but they do not account for future medical bills or lost wages.
There are actually two different types of compensation that the victims of a drunk driving accident can receive. They are known as compensatory damages and general damages :
Compensatory damages tend to include medical bills, lost wages, and the repair or replacement of property. The point of compensatory damages is to try to put the victim in the same financial state that they were in before the accident.
General damages are meant to help relieve pain and suffering. Examples of this include a shortened life expectancy or the loss of a loved one. General damages attempt to ease pain by putting an economic value on something where an exact dollar amount cannot be calculated.
Drunk driving accidents are serious accidents. They are something that no one should ever have to go through, yet hundreds of people do. They cause extreme pain and suffering for many people. If you are involved in such an accident, be sure to contact an experienced car accident lawyer as soon as possible and let them help you receive what you deserve.
Contact NY Accident Lawyers Goidel and Siegel for legal advice.
Goidel and Siegel have experience in handling the full range of personal injury cases
resulting from motor vehicle accidents.
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