Driving under the influence (DUI)
In the United States, there is a high rate of accidents caused by the use of alcohol, mainly because of driving under the influence of alcoholic beverages. Known as DUI (driving under the influence), this legal term is for the act of driving while under the effects of alcohol, with a blood alcohol concentration of 0.08% (varying in each state). This type of recklessness can have different consequences: these accidents have the highest fatality rate and can result in the death of innocent persons.
If you are wounded or have any type of injury or accident, and the person at fault for the accident tests positive for an illegal blood alcohol level, you will be compensated for damages and/or harm you may have suffered, paid for by the person responsible for the infraction. In the United States alone it was shown that 57% of the drivers who died in an accident had consumed alcohol. Most of these drivers were under 35 years old.
If a person is injured, he or she has the right to make a claim for restitution by means of a criminal case. The auto insurance company is responsible for compensating all persons harmed in the accident positively identified as alcohol-related. If at the time of the accident the responsible driver was not reported as driving under the effects of alcohol, you can exercise the right of recovery against the driver responsible for the accident.
If the person who is harmed was in a vehicle in which the driver came out positive on a blood alcohol test, he or she has the right to report and/or make a claim to the authorities that he or she had nothing to do with the accident even if the person responsible is a taxi driver or bus driver. Remember that to make any report of this nature, you must save the ticket and the license plate number of the vehicle that you were in at the time of the alcohol-related accident.
With any alcohol-related accident, victims can claim damages and harm suffered due to the accident. These damages could be categorized as personal injury or property damage, as described below:
Property damage is that which implies a decrease in the assets of the person harmed. You can recover compensation for the repair of your vehicle, medical expenses and the loss of any personal objects in the accident, among other things. These damages should be evaluated according to the amount which you desire to claim.
You can also involve witnesses if guilt is contested. It’s important to submit a list of possible witnesses and identify whether they can attend hearings to testify. All the witnesses you submit are obligated to tell the truth. If you should submit an incompetent witness or if the judge considers your witness to be untruthful, the judge could accuse you of crime or false testimony. If one of your family members is a conclusive witness, he or she can be admitted, provided the judge who is assigned the case determines that such witnesses are necessary in the case, and if there are concrete circumstances in which to present them.
Therefore, if you suffer an accident related to alcohol, Grupo MedLegal® connects consumers with participating lawyers and doctors for free.
If you need help or information pertaining to alcohol-related accidents, you can find us in California, Illinois, New York, Pennsylvania, Georgia, and Florida.