Driving while under the influence of alcohol or drugs poses a hazard to you and everyone else on the road. Drinking impairs a driver’s cognitive abilities and slows their reaction time, often causing accidents, so if you’ve been drinking, have a designated driver take you home or call a cab. If you drink and drive and cause an accident, you are responsible for any injuries or fatalities that occur.

The Morrissey Law Firm represents many clients who’ve sustained injuries due to a drunk driving accident. I can offer experience representation and legal counsel for you or your loved one who wish to seek compensation for any injuries, hospital bills, lost wages, long-term medical treatment, or funeral expenses. I understand the emotional, physical, and financial toll a drunk driving accident can have on your life and we want to help you through the difficult recovery process.

Filing a Drunk Driver Accident Claim

A drunk driving accident claim covers drivers, passengers in the drunk driver’s car, passengers in the other party’s car, and pedestrians. In order to win a drunk driving lawsuit, it must be proven that the driver had been drinking, that the alcohol impaired his or her ability to operate a vehicle and led to the accident, and that the accident caused the plaintiff’s injuries. The blood alcohol limit in most states is .08 to .10, but in most cases, if the driver had been drinking at all—whether legally intoxicated or not—they can be considered negligent.

I will personally review and examine documents to determine whether you have a viable case. If I do take the case, I will use the following as resources:

• Police Reports: If the police came to the scene of your accident, they probably made a written accident report, and may have observed and recorded the fact that the other driver was intoxicated. Sometimes a police report plainly states an officer’s opinion that someone violated a specific traffic law (or drunk driving law) and that the violation caused the accident. In accidents involving drunk driving, the police report may even state that the officer made an arrest and/or issued a citation. Other times, the police report merely mentions negligent behavior, without plainly stating that the violation caused the accident.
• Witnesses: Testimony and accounts from witnesses as to the number or amount of drinks, drugs, or medication consumed by the driver; the way the driver was acting (i.e. stumbling); and the way the driver was speaking (i.e. slurred speech)
• Expert Opinion: Testimony and opinion by medical or law enforcement experts as to the number or amount of drinks, drugs, or medication consumed by the driver; the effect of such consumption on an a person’s ability to safely operate a vehicle; and blood-alcohol or chemical evidence (such as field sobriety tests or blood tests in a hospital).

Depending on the severity of the injuries, the drunk driver’s past driving record, and their cooperation with authorities, the guilty party may face fines, probation, or jail time. They will also be responsible for paying for any damages (usually through an insurance company).

Third Party Liability

In some instances, the provider of the alcohol, such as bars or restaurants, may be held responsible for the injuries from a drunk driving accident. For example, if an establishment served a minor alcohol, that may make them liable for a drunk driving accident. The attorney will need to prove that the driver was, in fact, given alcohol by the third party, that the third party knew of the driver’s intoxication or the fact that they were clearly underage, and that the driver’s intoxication caused the wreck and subsequent injuries. These cases are far more complicated and require the finesse of an experienced law firm to determine exactly who is to be held responsible.

What to Do After a Drunk Driving Accident

Immediately after a drunk driving accident, you should do all of the following:

• Call the police. They will take witnesses’ statements as well as document the accident in a police report.
• Seek medical treatment. Take photographs of any injuries or damage and keep copies of hospital records and doctor’s notes.
• Seek legal counsel. Consult a legal professional to discuss your rights.

My law firm can represent 18 wheeler accident victims, their families and friends who have sustained and suffered serious bodily injuries because of the negligence of a tractor trailer, truck or other driver.

Every year, nearly 500,000 large trucks (tractor-trailers or “semis”) are involved in traffic accidents in the United States. Approximately 5,000 of these accidents involving semi trailer trucks result in fatalities. In fact, one out of every eight traffic fatalities is caused by a collision with a large truck. Not surprisingly, most of the deaths and injuries involve the passengers of the vehicles struck by tractor-trailers. Truck drivers typically escape unscathed.

The Federal government requires tractor-trailer and other large truck operators to acquire a commercial drivers license and undergo limited drug and alcohol testing. However, many truck safety advocates question the effectiveness of the licensing and testing program.

A more pressing matter, according to safety experts, is truck driver fatigue. New rules implemented by The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) in 2003 allow drivers to drive 11 hours after 10 consecutive hours off-duty. Also, drivers may not drive beyond the 14th hour after coming on-duty, following 10 hours off-duty. Similar to existing rules, drivers may not drive after being on-duty for 60 hours in a seven-consecutive-day period or 70 hours in an eight-consecutive-day period. This on-duty cycle may be restarted whenever a driver takes at least 34 consecutive hours off-duty.

Short-haul truck drivers–those drivers who routinely return to their place of dispatch after each duty tour and then are released from duty–may have an increased on-duty period of 16 hours once during any seven-consecutive-day period. The 16-hour exception takes into consideration legitimate business needs without jeopardizing safety. FMCSA estimates that without the extra two on-duty hours, the industry would be required to hire at least 48,000 new drivers, actually reducing crash-reduction benefits.

The current rule allows 10 hours of driving within a 15-hour on-duty period after eight hours of off-duty time. Also, drivers may not drive after their 15th hour on duty in a workday or after 60 hours on-duty in seven consecutive days or 70 hours on-duty in eight consecutive days.

The FMCSA estimates the new rule will save up to 75 lives and prevent as many as 1,326 fatigue-related crashes annually. There were an estimated 4,902 truck-related fatalities in traffic crashes in 2002.

With the pressure to deliver their loads, however, drivers often continue when prudence suggests otherwise. In a recent survey, 20% of long-haul truck drivers admitted to falling asleep at the wheel within the last month.

If you have been injured or a loved one has been killed in an accident involving a tractor-trailer or other large truck, it is important to consider your legal options. Many truckers are employed by large corporations that may put delivery of their goods ahead of your safety.

I wwill represent you for injuries that include, but are not limited to:

1) Injuries requiring surgery, sutures, staples;

2) Traumatic Brain Injury, including those caused by oxygen deprivation;

3) Severe burns resulting in significant and permanent scarring;

4) Mental anguish and emotional distress, death; and

5) Those injuries caused by a collision with a driver that is drunk, impaired or otherwise under the influence of narcotics or drugs.

After a collision, it is imperative to call the police to the accident scene and seek immediate medical treatment. It is then important to seek legal counsel to protect your legal rights.