Louisville Drunk Driving Accident Attorney
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In the aftermath of any car accident, the question of who was at fault must be determined to decide who would be responsible for any compensation. In accidents that involve drivers who were under the influence of alcohol or drugs, they will most likely be found responsible for that accident. In some instances, criminal charges may be rendered. Regardless of any criminal charges that may have been filed, if you were injured in an accident with a drunk driver, you have the option to seek out the support of a qualified Louisville drunk driving accident lawyer.
The attorneys at McCoy & Hiestand, PLC bring years of experience pursuing compensation for clients who were the victims of drunk drivers. There are many considerations regarding the exact amount of damages and who might be named as a defendant besides the driver. An experienced attorney can help navigate any complications and ensure you get the compensation you deserve.
Alcohol-Related Collision Facts
According to the Kentucky State Police, there were 3,302 alcohol-related collisions in 2022. Of that number, 1,432 of those collisions resulted in injuries with 153 fatalities. While that number represents a reduction of incidents than the previous year, that is still too many injuries and deaths. Across the country, one person is killed every 53 minutes by a drunk driver. In Kentucky, 17% of all highway fatalities are caused by a drunk driver.
The Kentucky Department of Transportation has established the rules related to drunk driving. To determine if a driver was driving under the influence, their blood alcohol concentration (BAC) is measured through a blood test or breath test. If the test results measure at .08 or above, that person is considered legally impaired. There is a zero-tolerance approach for a driver under the age of 21. That means that a driver at that age with a BAC of .02 or higher is considered legally impaired.
It might only take 4-5 drinks to reach those BAC levels. A drink is considered to be a 12-ounce beer or a 5-ounce glass of wine. A drink is also considered to be a single shot of liquor. Despite the urban myth, coffee does not sober a person up. Alcohol is processed primarily through the liver, and the body can burn around one-half an ounce of alcohol in an hour. The only way that alcohol leaves is over time.
Drunk Driving Citations
When there is suspicion of an alcohol-related accident, the police are always called to the scene. They will conduct field sobriety tests on the suspected driver, which can include a breathalyzer. A blood test to confirm the results is often taken after the arrest and back at the police station.
If the driver blows .08 or higher in their breathalyzer test and fails the field sobriety tests, they will be issued a citation and placed under arrest. In addition to being charged with a DUI, the driver could be charged with an aggressive DUI citation. That would include the following conditions:
- Driving in the wrong direction
- Driving 30 mph over the limit
- Any accident that causes death
- A BAC over 0.015%
These would all lead to criminal charges. Those charges are separate from any civil complaint that you might bring against the at-fault party. You can bring a civil action against the driver, even before the criminal action is resolved. If you take legal action, the Louisville car accident attorney you engage with will explain the differences to help you make an informed decision about how best to proceed with your claim.
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What Kind of Damages Can You Seek?
As a victim of a drunk driving accident, you have the right to seek compensation for your losses. Those damages fall into the following three general categories:
Economic Damages
Economic damages are all the losses that you can prove with a bill, receipt, or invoice. These would be items such as expenses for doctor’s visits, emergency room exams, medical supplies, prescriptions, special transportation, physical therapy, etc.
Noneconomic Damages
The noneconomic damages would cover your pain and suffering. In other words, how long have you dealt with pain and discomfort from your injuries? How have those injuries impacted on your ability to enjoy your life like you did before the accident? Also, are there any stress, anxiety, or depression issues that are tied to the accident? These are all possible noneconomic damages.
To arrive at that number, your Louisville drunk driving accident lawyer could use a multiplier formula that multiplies the total of your economic damages by a factor of 1 to 5.
Punitive Damages
Punitive Damages do not compensate you directly for any losses. Instead, they are a punishment for the negligent driver. These damages are sometimes part of a drunk driving accident because of the egregious nature of the negligence.
Additional At-Fault Parties
In addition to the driver, there could be additional at-fault parties named in a drunk driving lawsuit. For instance, the Kentucky Dram Shop Law allows the owner of a bar, restaurant, or other venue and the employee who served alcohol to someone intoxicated to be held liable. Although this is a viable law, it is often hard to prove and could complicate your chances of receiving compensation. Your drunk driving accident attorney will know if this is worth adding to your claim.
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Meeting the Filing Deadlines
It is also vital that you meet the Kentucky statute of limitations for filing a personal injury lawsuit. Kentucky allows for only one year to bring an action. That time starts on the day of the accident. Fortunately, you don’t have to fully recover from your accident to seek compensation. You can and should begin the process early by speaking with the team at McCoy & Hiestand, PLC.
Our support begins with a free case evaluation. That is where we will listen to your story and review your supporting documentation. After that, we’ll make a determination on the best course of action. Our Louisville drunk driving accident lawyers will also be able to answer all questions about the challenges and potential rewards for your claim.
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Did an intoxicated driver hurt you or a loved one? You deserve compassionate and dedicated legal guidance. Set up your free consultation today.