Under state law, anyone with a blood alcohol concentration (BAC) of 0.08 percent or more who operates a motor vehicle has committed the criminal offense of “driving while intoxicated” (DWI). Harsher BAC limits of 0.04 percent and 0.01 percent apply, respectively, to commercial drivers and to drivers under the age of 21. However, any criminal proceedings opened against someone who causes a car crash by driving drunk will not do much to help people injured by that drunk driver’s misconduct.
To recover financially for the harm you suffered in a crash caused by a drunk driver, you may need to file suit against them and pursue either a private settlement or a damage award from a civil judge or jury. Fortunately, drunk driving car accidents in Cranford often make for very strong grounds for personal injury lawsuits, and you have help available from a seasoned car accident attorney in getting the best possible result from your unique claim.
Liability for injuries stemming from car crashes is almost always based on “negligence,” or whether the injured person can prove they were hurt specifically and directly because someone else violated a “duty of care” owed to them by acting recklessly or carelessly. Since driving while intoxicated is against the law, it always constitutes a violation of the duty of all drivers to act responsibly and lawfully behind the wheel. It qualifies as negligence per se for the purposes of a civil claim.
The fact that someone else was driving drunk prior to a car accident in Cranford does not always make them 100 percent at fault for the wreck. Any reckless or careless act by someone else involved in the accident could be held against that person as “comparative fault” and used as a reason to reduce the total compensation awarded to them—something skilled legal counsel could help prevent.
A qualified legal professional could help take legal action against a business that served alcohol to someone who later caused a drunk driving car accident in Cranford. While enterprises like restaurants, bars, and liquor stores are generally not liable for the actions of their patrons after those patrons leave their property, they do have a duty to ensure they do not serve alcohol to minors and to refrain from serving alcohol to someone who is already visibly intoxicated.
This type of litigation after a drunk driving wreck is possible under “dram shop” laws, and it can provide additional compensation for damages like long-term medical bills and lost quality of life to someone who was severely injured in that wreck. Making the most of this legal option generally requires guidance from a lawyer who has handled similar cases successfully in the past.
Drunk drivers put themselves and everyone around them at risk of serious harm for every single second they spend on public roads while impaired. Someone who acts this irresponsibly can and should be held financially liable for any harm they cause someone else to suffer through their negligence. However, accomplishing that through a lawsuit can be hard in practice for people without legal experience.
Enforcing your rights and obtaining the restitution you deserve following a drunk driving car accident in Cranford could be much easier with a tenacious lawyer by your side. Call today for a consultation.
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