DUI and DWI (driving under the influence and driving while intoxicated) laws have been enacted in all states but the laws differ from state to state. It is the state that determines the penalties. Regardless of whether the state classifies drunk driving as a misdemeanor or a crime, the individual, if found guilty, will be punished.
Even knowing that there are significant penalties, the practice of drunk driving persist, one out of every three deadly vehicle accidents in the state of Alabama involved a drunk driver. Unfortunately, many victims are seriously injured and suffer significant loss due to property damage.
Victims involved in an accident where the other driver was intoxicated have recourse; they can engage the professional services of personal injury attorneys in Mobile Alabama and recover both compensatory and punitive damages.
Negligence per se action:
If a law that has been enacted to protect the public is violated as a result of a negligent act, the legal term is “negligence per se.” The plaintiff in a case where drunk driving is involved, unlike common negligence, does not have to prove that any reasonable person would have acted in a different manner. Drunk driving in Alabama is automatically considered to be a negligent act. It is the task of personal injury attorneys in Mobile Alabama to show that the fact the accused was drunk is that which caused damage to the plaintiff.
The involvement of restaurants and bars:
Drunk drivers often get into that state while consuming alcoholic beverages in bars and restaurants. Depending on the specific circumstances, the plaintiff may also be able to sue the establishment that served the accused. There are a number of regulations in the state and if an establishment serves alcohol to a patron contrary to the provisions of the law, the establishment can be the subject of legal action as well as the drunk driver.
If you were involved in an accident where the other driver was drunk you are well advised to discuss the details with seasoned personal injury attorneys in Mobile Alabama. For a free consultation you are invited to contact The Law Office of Gary W. Fillingim, L.L.C. Like us on our facebook page.
