Motor Vehicle Accidents involving Drunk and Intoxicated Drivers
All states have laws on the books concerning drunk and intoxicated drivers and recently many states have tightened up their law as jurisdictions across the U.S. attempt to curb drunk driving. Specifically, many states and other legal jurisdictions have lowered the BAC (blood alcohol count) threshold, which is the legally accepted standard by which the law enforcement may determine a driver's level of intoxication.
While lower BAC thresholds have resulted in more criminal prosecutions of drunk drivers, victims of a drunk driver continue to need aggressive legal counsel to obtain full and fair compensation for their injuries and other damages.
Over the years I have represented approximately 90 different clients who have fallen victim to a personal injury caused by a drunk or intoxicated driver. Most of these cases have been in Jackson County, Missouri or in one of the surrounding counties to the Kansas City Metropolitan area. In most of these drunk driving cases my client has suffered a significant injury and it has been vital that I recover full insurance compensation for my client.
From a legal perspective, it is important that all reports setting forth the level of intoxication be obtained by the attorney for the injured person. In many cases, the investigating police officer or law enforcement will prepare an "Alcohol Influence Report". This is separate report from the customary police report. The Alcohol Influence Report provides valuable information about the drunk driver's condition at the accident scene, admissions, and state of mind.
Moreover, in many cases the cell phone records of the drunk driver are valuable in either confirming or disputing the drunk driver's testimony. There are also a host of other investigative and background information about the drunk driver that can complete a proper legal representation of someone harmed by a driver under the influence of drugs, alcohol, or any illegal substances.
It is important to know that a victim of a drunk driver can not depend upon the Prosecutor, Criminal Court Judge or anyone associated with the criminal prosecutiuon to help with enforcing the rights of a victim, even a victim who has suffered a serious injury.
The Prosecution and the Criminal Court's responsibility is to enforce the criminal laws of the state or legal jurisdiction. While a victim may be called as a witness in the criminal prosecution of the drunk or intoxicated driver, the purpose of the prosecution is to punish those who have broken the law.
Thus, in the end, fair compensation for the victim usually requires an attorney who has a law practice concentration in drunk driving cases and is solely committed to advancing the client's case.
