Every intoxicated driver puts the public at risk when they decide to get behind the wheel. If you have suffered an injury in a collision with a drunk driver, an experienced car wreck attorney could help you pursue financial compensation against the impaired motorist.
However, the damages you are entitled to may not come easy. In many cases, obtaining compensation is only possible when you fill a civil lawsuit, and it can be challenging to navigate the legal system on your own. Fortunately, a Monument drunk driver accident lawyer could guide you through the process.
Because of the risks involved with intoxicated driving, state laws carefully regulate the amount of alcohol a driver may have in their system. Should a person drink too much, they face significant criminal charges. Under current law, it is illegal for an adult to operate a motor vehicle with a blood alcohol concentration (BAC) of more than 0.08 percent. For minors below the age of 21, a BAC of .02 or more is illegal.
Violating these laws carries the potential for fines, jail time, and other criminal penalties. When an intoxicated driver causes an accident, they could also face civil liability. A Monument car accident attorney could hold a drunk driver accountable for a crash by filing a civil action.
A defendant who causes a drunk driving auto accident may automatically be liable to injured parties for violating state law. This is because Colorado Revised Statute §42-4-1301 prohibits anyone from operating a motor vehicle accident under the influence of alcohol. An individual who has a BAC above .08 is found to automatically be driving while intoxicated, known as DWI per se. An individual with a BAC below .08 may still be driving with ability impaired if a law enforcement officer finds the driver’s mental or physical ability lacks clear judgment, sufficient physical control, or due care in the operation of a motor vehicle. Therefore, anyone who violates this law may be found to be automatically liable to his or her personal injury victims.
In addition, an injured party may assert a cause of action for negligence which is when a motorist recklessly and unnecessarily exposes another person to avoidable harm. Therefore, when a motorist fails to use reasonable care while driving the motor vehicle due to being intoxicated, it is likely that an injured party may also have a cause of action for negligence. A local attorney could help someone establish negligence after being involved in an accident with an impaired driver.
Any motorist struck by a drunk driver is at risk of serious injury. Due to their slow reaction time and impaired judgment, impaired drivers commonly cause vehicle collisions at high speeds. These crashes could involve the drunk motorist failing to notice a stop sign or weaving into oncoming traffic. Some injuries that may occur in a drunk driving accident include:
In addition to the long-term injuries that come in these accidents, a drunk driving crash also could prove to be fatal. For those that survive such a car accident, a Monument lawyer could provide the support necessary to pursue monetary compensation from the intoxicated driver.
It is possible to seek damages from a drunk driver regardless of the status of their criminal case. In fact, a plaintiff could bring a negligence claim against a person who has been acquitted of a criminal offense or never faced trial at all. If the civil claim is successful, a person injured by a drunken driver could recover money for their losses. This damage award could provide compensation for:
Additionally, an injured claimant may be eligible to receive punitive damages. Typically, a court may only award additional damages if the defendant’s actions were particularly egregious. This is the case in some drunk driving accident cases. A seasoned lawyer from Monument could assess a drunk driver car wreck case and determine what an individual’s case may be worth.
If you are the victim of a drunk driver, you have the right to demand compensation in civil court, which could provide you with the best opportunity to obtain justice.
A successful lawsuit may not only provide you with an award for your damages, but it also sends a message to the responsible driver that they will be held accountable for their poor judgment. To discuss your claim in detail, call a Monument drunk driver accident lawyer immediately.